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Home My WebLink AboutAG-04/09/2024 DENIS NONCARROW �� , Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold, New York 11971 MARRIAGE OFFICER �� Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER � , t�f Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD AGENDA FINAL SOUTHOLD TOWN BOARD April 9, 2024 7:00 PM POLICY: At the beginning of scheduled Town Board meetings, the attending public is encouraged to briefly address the Town Board relating to agenda resolutions prior to their enactment; the public will also be given time at the conclusion of the regularly scheduled business agenda to address the Board on any given topic. ONLINE ACCESS: The Tentative Agenda is generally available the Friday before the meeting. The video of the meeting is usually available to watch live during the meeting. Minutes with adopted resolutions are available 1-2 days after the meeting. A full copy of the minutes, agenda and meeting video can be viewed by going to the official Town of Southold website: www.southoldtownny.gov <http://www.southoldtownny.gov> and following either of the following: (1) Move pointer over "Government" on the Town website home page. You will find the title "Town Supervisor/Town Board". Under this title you will see "Southold Town Board Meetings and Agendas". or (2) Go to "How Do I", in the right upper corner of the Town website home page, Choose "Access", then "Southold Town Board Meetings and Agendas. Go to the date of the meeting and click on "Minutes Packet" this is the full copy of the resolutions. (Scroll to bottom of page for KEY to symbols). You can view the live video of the meeting by clicking on the camera symbol. All of this information is available 24/7. If you would like help navigating the site,please feel free to call my office 631-765-1800. Due to the expiration of the New York State Governor's Executive Orders regarding the COVID-19 pandemic in-person access to the Public will now be permitted. The meeting will still be accessible via Zoom and streamed live on the Town's website. The meeting can be viewed live by going to the Town's website at www.southoldtownny.gov <http://www.southtownny.goy> home page. Click on the "Government"tab, once the drop down menu appears, under "Town Supervisor/Town Board", click on "Southold Town Board Minutes and Agendas"which takes the user to the Town of Southold Meeting Portal page. Once on the Meeting Portal page, click on the date of the meeting you wish to view and then click on "Video". A recording of the meeting will also air on Channel 22 and will be posted on the Town's website Instructions and link to attend the meeting will be available on the Town's website or by calling the Town Clerk's office at (631)765-1800. A telephone number will also be provided to allow members of the public to attend via telephone. Written comments and/or questions may also be submitted via email to the Town Clerk at denisn o,southoldtownny_goy<maiIto:denisngsoutholdtownny.gov>and Lynda.ruddergtown.southol d.ny.us <mai Ito:Lynda.ruddergtown.southol d.ny.us> . Said comments and/or questions will be considered at the public hearing provided that they are submitted no later than 12:00 P.M. (Prevailing Time) on the day of the public hearing. Pursuant to the requirements of the Executive Order of the Governor of the State of New York, a transcript will be prepared of the public hearing, and a copy shall be filed with the Town Clerk and placed upon the Town's website. Please check the meeting Agenda posted on the Town's website (www.southoldtownny.gov) for further instructions or for any changes to the instructions to access the public hearing, and for updated information. Call to Order 7:00 PM Meeting called to order on April 9, 2024 at Meeting Hall, 53095 Route 25, Southold, NY. Attendee Name Present Absent Late Arrived Councilman Greg Doroski ❑ ❑ ❑ Councilman Brian 0. Mealy ❑ ❑ ❑ Councilwoman Anne H. Smith ❑ ❑ ❑ Supervisor Albert J Krupski Jr ❑ ❑ ❑ Councilwoman Jill Doherty ❑ ❑ ❑ Justice Louisa P. Evans ❑ ❑ ❑ I. Reports 1. ZBA Monthly Report February, 2024 2. Town Clerk Reports -March 2024 Monthly Report -Jan. to March 2024 Quarterly Report 3. Youth Bureau Monthly Report March 2024 II. Public Notices 1. Liquor Licence Application The Rusted nail LLC 9095 Sound Ave Mattituck NY III. Communications IV. Discussion 1. 9:00 A.M. -Jack Gibbons Global Warming and Climate Change Presentation 2. 9:30 A.M. -Jessica Casey, NYS DEC Environmental Analyst, Kristin Martinez, NYS DEC Environmental Program Specialist and Colleen Bradley, NYS DOH Water Specialist Drinking Water Source Protection Program (DWSP2) 3. 10:00 A.M. -Jim Bunchuck, Solid Waste Coordinator and Nick Krupski, Provisional Solid Waste Coordinator Discussion of Grinder and Quarterly Report 4. 10:15 A.M. - Town Board Break (15 Minutes) 5. 10:30 A.M. - Councilwoman Doherty, Town Clerk Denis Noncarrow, Planning Director Heather Lanza, Land Preservation Executive Assistant Lillian McCullough General Discussion of Sanitary Flow Credits 6. 11:00 A.M. - Councilwoman Anne Smith and Lillian McCullough, Land Preservation Executive Assistant Updating the CPF Stewardship Management Plan 7. 11:15 A.M. -Mark Terry, Assistant Planning Director Water Quality Protection and Restoration Program (WQPRP): Project Title Implement the Southold Town Comprehensive Plan to Conserve and Protect Water Quality 8. 11:30 A.M. - Councilwoman Doherty, HPC Member Anne Surchin and HPC Coordinator Kim Fuentes Proposed Amendments to Chapter 170 - Landmark Preservation 9. Councilwoman Anne Smith Transportation Commission Update - Location and Installation of Bike Racks 10. Councilwoman Anne Smith Update on Committee Survey and Handbook: Requesting Feedback on Handbook and Committee Member Selection Process 11. Deputy Town Attorney James Squicciarini Draft of Proposed Hotel Moratorium 12. 12:30 P.M. - Town Board Lunch Break Special Presentation Southold Town Arbor Day Poster Contest Winners V. Resolutions 2024-312 CATEGORY.• Audit DEPARTMENT. Town Clerk Approve Audit RESOLVED that the Town Board of the Town of Southold hereby approves the audit dated April 9, 2024. ✓Vote Record-Resolution RES-2024-312 ❑ Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent El Defeated ❑ Tabled Greg Doroski -- ❑ ❑ ❑ El ❑ Withdrawn Brian O.Mealy _- ❑ ❑ ❑ El ❑ Supervisor's Appt Anne H.Smith ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt — ❑ Rescinded Albert J Krupski Jr ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Jill Doherty _- ❑ ❑ ❑ El ❑ Supt Hgwys Appt _- LouisaP.Evans ❑ ❑ ❑ ❑ ❑ No Action — ❑ Lost 2024-313 CATEGORY.• Set Meeting DEPARTMENT. Town Clerk Set Next Town Board Meeting RESOLVED that the next Regular Town Board Meeting of the Southold Town Board be held, Tuesday, April 23, 2024 at the Southold Town Hall, Southold,New York at 4:30 P.M. ✓Vote Record-Resolution RES-2024-313 ❑ Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Greg Doroski ❑ ❑ ❑ El ❑ Tabled El Withdrawn Brian O.Mealy El El El El ❑ Supervisor's Appt Anne H.Smith ❑ ❑ ❑ El ❑ Tax Receiver's Appt Albert J Krupski Jr _- ❑ ❑ ❑ El ❑ Rescinded _- ❑ Town Clerk's Appt Jill Doherty ❑ ❑ ❑ ❑ ❑ Supt Hgwys Appt Louisa P.Evans ❑ ❑ ❑ El ❑ No Action ❑ Lost 2024-314 CATEGORY.• Employment- Town DEPARTMENT. Town Clerk Accepts Resignation of Cameron Pase RESOLVED that the Town Board of the Town of Southold hereby rescinds resolution 2024-292, adopted at the March 26, 2024 regular Town Board Meeting, in its entirety, which read as follows: RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Cameron Pase from the position of Office Assistant for the Assessors Office effective close of business April 10, 2024. ✓Vote Record-Resolution RES-2024-314 ❑ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski ❑ ❑ ❑ El ❑ Withdrawn Brian O.Mealy _- ❑ ❑ ❑ El ❑ Supervisor's Appt Anne H.Smith ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt — ❑ Rescinded Albert J Krupski Jr ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Jill Doherty ❑ ❑ ❑ El ❑ Supt Hgwys Appt LouisaP.Beans ❑ ❑ ❑ ❑ ❑ No Action — ❑ Lost 2024-308 Tabled 312612024 4:30 PM CATEGORY.• Local Law Public Hearing DEPARTMENT. Town Attorney Ph 5121 4:30 LL Moratorium on Resorts/Hotels/Motels RESOLVED that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 26th day of March, 2024, a Local Law entitled, "A Local Law to Impose an Interim or Temporary Suspension on the Review,Approval and/or Issuance of all Permits for or Relating to Resorts, Hotels or Motels" and be it further RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 21st day of May, 2024 at 4:30 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law to Impose an Interim or Temporary Suspension on the Review, Approval and/or Issuance of all Permits for or Relating to Resorts Hotels or Motels"reads as follows: LOCAL LAW NO. 2024 A Local Law entitled, "A Local Law to Impose an Interim or Temporary Suspension on the Review, Approval and/or Issuance of all Permits for or Relating to Resorts, Hotels or Motels". BE IT ENACTED by the Town Board of the Town of Southold, as follows: SECTION 1. TITLE. This local law shall be known as and may be cited as the "Interim Development Law for Resorts, Hotels or Motels in the Town of Southold." SECTION 2. AUTHORITY. This local law is enacted pursuant to the Town of Southold's authority to enact local laws under the New York State Constitution, Article IX, and the Laws of the State of New York including but not limited to Section 10 of the Statue of Local Governments, granting towns the power to adopt, amend and repeal zoning regulations in the exercise of its functions,powers and duties. SECTION 3. PURPOSE AND INTENT. A. PURPOSE: MORATORIUM This local law is hereby enacted to preserve the status quo in the Town of Southold on a temporary basis while the Town conducts studies to review and consider amendments to those parts of the Town of Southold's zoning legislation and comprehensive plan pertaining to resorts, hotels and motels in the Town. For this purpose, the Town of Southold will gather information, make recommendations, and further review the Town's plan for new resorts, hotels or motels in the Town. This process is intended to lead to the creation and adoption of necessary amendments to the Town's zoning legislation, comprehensive plan, and other applicable Town laws. B. INTENT. The Town Board finds and determines that the Town is under considerable pressure for the development of new resorts, hotels and motels. The Town is an attractive location for new resorts, hotels and motels, because of the variety of community attractions located within and close to the Town. Over the past several years the Town has had six new hotels proposed. One is currently under construction, one is at the beginning of the site plan process, and four are in the concept phase. There are two expansions at the beginning of the site plan process - one for an increase in the number of rooms, and one for an addition of a restaurant. The Town Board further finds and determines that unless reasonable interim measures are implemented, significant resort, hotel or motel development may occur, and that development may undermine the implementation of appropriate planning measures needed to protect the public interest and welfare and goals of the Town. It is the intent of the Town Board to protect public health, safety and general welfare by enacting this local law for a reasonable period. The Town is undertaking a comprehensive study to develop solutions and to implement necessary amendments to the land use and zoning regulations to accomplish such goals. It is the further intention of the Town Board to protect the public interest by preventing a race of diligence between property owners, developers and the Town which could prejudice the integrity and objectives of the proposed changes or result in a land use pattern that might be inconsistent with the intent of the recommendations of the Town resulting from such study. The Town's existing procedures and laws should have the practical effect of ensuring that new development and redevelopment are in accordance with the Town's planning objectives. The practical reality, however, is that some of the land use regulations and procedures may not have this effect. The Town Board finds it necessary to impose a moratorium on accepting, processing and granting approvals or permits for resorts, hotels or motels, as hereafter provided. An integrated strategy that takes into account the Town's available resources is needed. This moratorium will enable the Town to focus on crafting and implementing a strategy that actually achieves its planning objectives. The Town is currently in the process of a comprehensive zoning update project, and has hired a zoning consultant to assist with this effort. The timeline for this project has been reaffirmed as being completed by March 29, 2025. The review of resorts, hotels and motels will be included in this project. This is the rationale for the 12-month moratorium. SECTION 4. SCOPE OF THE REGULATIONS. During the effective period of this law, neither the Planning Board, Zoning Board of Appeals, Town Board, Town Building Department, or any member, employee, agent or independent contractor of any of the foregoing Town bodies, shall accept for filing, accept for review, continue review, hold a hearing, make any decision upon, or otherwise consider, any application for, or relating to, the development or redevelopment of any property, parcel of land, building, or anything else, for a resort, hotel or motel, as defined in the Town Code, including but not limited to documents relating to: 1. concept,preliminary or final approval of a subdivision plat, 2. site plan approvals, 3. special use permits, 4. conditional use permits, 5. use or area variances, 6. changes in zoning districts, or 7. permanent or temporary certificates of occupancy, 8. expansion of existing hotels, motels, or resorts. regardless of the fact that an application has been submitted prior to the effective date of this local law. The statutory and locally enacted time periods for processing and making decisions on all aspects of the foregoing are suspended and stayed while this local law is in effect. SECTION 5. EXCLUSIONS. This Local Law Shall not apply: 1. To any person or entity who/which has, prior to the effective date of this Local Law, obtained all permits required for such a resort, hotel, motel and, relying upon such permission, has undertaken significant development of same. 2. To any application by a municipal corporation or special district or fire district. SECTION 6. VARIANCE FROM THIS MORATORIUM. Any person or entity suffering unnecessary hardship as that term is used and construed in Town Law section 267-b (2)(b), by reason of the enactment and continuance of this moratorium may apply to the Town Board for a variance excepting the proposed use from the temporary moratorium and allowing issuance of a permit all in accordance with the provisions of the Southold Town Code. SECTION 7. CONFLICT WITH STATE STATUTES AND AUTHORITY TO SUPERSEDE. To the extent that any provisions of this local law are in conflict with or are construed as inconsistent with provisions of New York State Town Law, this local law supersedes, amends and takes precedence over New York State Town Law pursuant to the Town's municipal home rule powers, pursuant to Municipal Home Rule Law § 10 and § 22, to supersede any inconsistent authority. SECTION 8. SEVERABILITY. If any clause, sentence, paragraph, section or part of this Local Law shall be adjudicated by any court of competent jurisdiction to be invalid, the judgment shall not impair or invalidate the remainder of this Local Law. SECTION 9. EFFECTIVE DATE AND DURATION. This local law shall take effect immediately upon filing with the Secretary of State. Until twelve (12) months from the effective date of this Local law, after which this Local law shall lapse and be without further force and effect and subject to any other Local Law adopted by the Town Board during the twelve 12 month period. ✓Vote Record-Resolution RES-2024-308 ❑ Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent El Defeated ❑ Tabled Greg Doroski -- ❑ ❑ ❑ El ❑ Withdrawn Brian O.Mealy _- ❑ ❑ ❑ El ❑ Supervisor's Appt Anne H.Smith ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt — ❑ Rescinded Albert J Krupski Jr ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Jill Doherty _- ❑ ❑ ❑ El ❑ Supt Hgwys Appt _- LouisaP.Beans ❑ ❑ ❑ ❑ ❑ No Action — ❑ Lost 2024-315 CATEGORY.• Employment- Town DEPARTMENT. Accounting Amend Resolution Number 2023-926 RESOLVED that the Town Board of the Town of Southold hereby amends Resolution Number 2023-926 to read as follows: RESOLVED that the Town Board of the Town of Southold hereby approves a military leave of absence to employee# 8227 effective October 1, 2023 through April 30, 2n'4 May 31, 2024. ✓Vote Record-Resolution RES-2024-315 ❑ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski ❑ ❑ ❑ El ❑ Withdrawn Brian O.Mealy _- ❑ ❑ ❑ El ❑ Supervisor's Appt Anne H.Smith ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt — ❑ Rescinded Albert J Krupski Jr ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Jill Doherty ❑ ❑ ❑ El ❑ Supt Hgwys Appt _- LouisaP.Evans ❑ ❑ ❑ ❑ ❑ No Action — ❑ Lost 2024-316 CATEGORY.• Attend Seminar DEPARTMENT. Human Resource Center Attend the 2024 Summit for Achieving an Age Friendly Long Island. RESOLVED that the Town Board of the Town of Southold hereby grants permission to Jacqueline Martinez, Senior Citizens Program Director and Shatina Jayne, Senior Citizens Center Manager, to attend the 2024 Summit for Achieving an Age Friendly Long Island on April 19, 2024 at Adelphi University in Garden City. All related expenses to be a legal charge to the 2024 Programs for the Aging budget. ✓Vote Record-Resolution RES-2024-316 ❑ Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent El Defeated ❑ Tabled Greg Doroski -- ❑ ❑ ❑ El ❑ Withdrawn Brian O.Mealy _- ❑ ❑ ❑ El ❑ Supervisor's Appt Anne H.Smith ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt — ❑ Rescinded Albert J Krupski Jr ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Jill Doherty _- ❑ ❑ ❑ El ❑ Supt Hgwys Appt _- LouisaP.Beans ❑ ❑ ❑ ❑ ❑ No Action — ❑ Lost 2024-317 CATEGORY.• Special Events DEPARTMENT. Town Clerk Special Event 2024-11 at the Borghese Vineyard RESOLVED that the Town Board of the Town of Southold hereby grants permission to Times Review to hold Special Event 2024-11 at the Borghese Vineyard , County RD 48, Cutchogue, New York as applied for in Application TRMla for Special Event Celebrating local Farms, Food, Restaurant and Wineries on the North Fork on August 29th, 2024 from 6PM to 11PM with the following conditions from Suffolk County Department of Economic Development and Planning, Division of Planning and Environment : 1. The special use permit shall be valid on August 29th only; and 2. The "Northforker Wine & Food Classic" special event shall be conducted in accordance with the proposal and updated site plan received by the Suffolk County Department of Economic Development and Planning, Division of Planning and Environment, on August 29, 2024, 3. The "Northforker Wine & Food Classic" special event shall not adversely impact the viability of the agricultural operation and/or the associated natural resources; and 4. The landowner shall be responsible for compliance with all conditions of Farmland Committee Resolution No. FC-19-2022, the deed of development rights, the contract of sale, and all applicable federal, state, county, and town regulations, rules and statutes. All parking must be contained on site. No stopping or standing on 48. Approval Providing they adhere to all conditions on the application, Suffolk County Department of Economic Development and Planning, Division of Planning and Environment needs to approve. Event must go along with Town of Southold Policy for Special Events. This permit is subject to revocation if the applicant fails to comply with any of the conditions of the approval or is unable to properly control traffic flow into and out of the event. ✓Vote Record-Resolution RES-2024-317 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Greg Doroski ❑ ❑ ❑ El ❑ Defeated Brian O.Mealy ❑ ❑ ❑ ❑ ❑ Tabled „— Anne H.Smith ❑ ❑ ❑ ❑ ❑ Withdrawn — ❑ Supervisor's Appt Albert J Krupski Jr ❑ ❑ ❑ El ❑ Tax Receiver's Appt Jill Doherty _- ❑ ❑ ❑ El ❑ Rescinded LouisaP.Evans ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2024-318 CATEGORY.• Close/Use Town Roads DEPARTMENT. Town Clerk Grant Permission to the Orient Fire Department to Hold Its Annual Memorial Day Parade Financial Impact: Police Department Cost for the Event $464.40 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the Orient Fire Department to hold its Annual Memorial Day Parade in Orient on Monday, May 27, 2024 beginning at 7:30 AM. The parade will begin at the Orient Firehouse and take Tabor Road to Orchard Street to Navy Street to Village Lane to Main Road and back to the Firehouse, provided they follow all the conditions in the Town's Policy for Special Events. All fees associated with this event have been waived with the exception of the clean- deposit. ✓Vote Record-Resolution RES-2024-318 ❑ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski ❑ ❑ ❑ El ❑ Withdrawn Brian O.Mealy ❑ ❑ ❑ El ❑ Supervisor's Appt _- Anne H.Smith ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt — ❑ Rescinded Albert J Krupski Jr ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Jill Doherty _- ❑ ❑ ❑ El ❑ Supt Hgwys Appt LouisaP.Evans ❑ ❑ ❑ ❑ ❑ No Action — ❑ Lost 2024-319 CATEGORY.• Close/Use Town Roads DEPARTMENT. Town Clerk New Suffolk Civic Assoc. 4Th of July Parade Financial Impact: Police Department Cost for Event $690.22 RESOLVED that the Town Board of the Town of Southold hereby grants permission to the New Suffolk Civic Association to use the following route for its 4 h of July Parade in New Suffolk, on Thursday, July 4, 2024 at 11:00 AM; participants will march down New Suffolk Road, New Suffolk Avenue, Main Street, First Street, Jackson Street and onto the Town Beach grassy area, provided they follow all the conditions in the Town's Policy for Special Events on Town Properties. Failure to comply with the conditions of the policy will result in the forfeiture of the cleanup deposit. ✓Vote Record-Resolution RES-2024-319 ❑ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski ❑ ❑ ❑ El ❑ Withdrawn Brian O.Mealy _- ❑ ❑ ❑ El ❑ Supervisor's Appt Anne H.Smith ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt — ❑ Rescinded Albert J Krupski Jr ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Jill Doherty ❑ ❑ ❑ El ❑ Supt Hgwys Appt LouisaP.Evans ❑ ❑ ❑ ❑ ❑ No Action — ❑ Lost 2024-320 CATEGORY.• Special Events DEPARTMENT: Town Clerk Special Event 2024-12 Sparkling Pointe RESOLVED that the Town Board of the Town of Southold hereby grants permission to Sparkling Pointe, to hold Special Event 2024-12 at the Sparkling Pointe, 39750 County Road 48, Southold, New York as applied for in Application SPla-d for weddings on 5/24/24, 6/29/24, 9/6/24 and 9/13/24 ending no later than 11PM. This event is approved with the following conditions: 1. All parking of vehicles for this event must be as shown on the plan submitted with the special event application. 2. Maximum number of vehicles allowed on site for this event is 58. 3. No parking for this event is permitted on land where development rights have been sold to the Town Provided they adhere to ALL conditions on the application, permit and to the Town of Southold Policy for Special Events. This permit is subject to revocation if the applicant fails to comply with any of the conditions of the approval or is unable to properly control traffic flow into and out of the event ✓Vote Record-Resolution RES-2024-320 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Greg Doroski ❑ ❑ ❑ El ❑ Defeated _— ❑ Tabled Brian O.Mealy ❑ ❑ ❑ ❑ ❑ Withdrawn Anne H.Smith ❑ ❑ ❑ El ❑ Supervisor's Appt Albert J Krupski Jr ❑ ❑ ❑ El ❑ Tax Receiver's Appt _- ❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans ❑ ❑ ❑ ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2024-321 CATEGORY.• Special Events DEPARTMENT: Town Clerk Amend Resolution 92024-285-Strawberry Festival 2024 Financial Impact: Total Police Department cost analysis : 23124.46 RESOLVED that the Town Board of the Town of Southold hereby amends resolution 42024-285, adopted at the March 26, 2024 regular Town Board meeting, as follows: RESOLVED that the Town Board of the Town of Southold does hereby grant permission to the Mattituck Lions Club to use Strawberry Fields in Mattituck, NY from June 10 June 3`'d through June 17th, 2024 for the Annual Strawberry Festival and be it further RESOLVED that the Town Board of the Town of Southold authorizes the Town Clerk to issue a Special Events Permit to the Mattituck Lions to hold its Annual Strawberry Festival at Strawberry Fields Mattituck, NY from June 10 June 3 d through June 17th, 2024 provided 1. They file with the Town Clerk a Two Million Dollar Certificate of Insurance naming the Town of Southold and the County of Suffolk as an additional insured; 2. Coordinate traffic control upon notification of the adoption of this resolution 3. No permanent markings be placed on town, county or state roads or property for the event; 4. Any road markings or signs for the event be removed within twenty-four(24) hours of the completion of the event; 5. No alcohol is to be served at the event as per Town Code. Alcohol is prohibited on all Town and County Parks. Some of the requirements for issuing a Special Permit may be waived. Provided they adhere to all conditions on the application and permit and to the Town of Southold Policy for Special Events and subject to the Renewal of Contract with Suffolk County land Preservation, subject to a renewal of the applicable lease for the parcel between the Town of Southold and the County of Suffolk and any user fee imposed by the County of Suffolk. This permit is subject to revocation if the applicant fails to comply with any of the conditions of the approval or is unable to properly control traffic flow into and out of the event. ✓Vote Record-Resolution RES-2024-321 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Greg Doroski ❑ ❑ ❑ El ❑ Defeated ❑ Tabled Brian O.Mealy ❑ ❑ ❑ ❑ ❑ Withdrawn Anne H.Smith ❑ ❑ ❑ El ❑ Supervisor's Appt Albert J Krupski Jr ❑ ❑ ❑ El ❑ Tax Receiver's Appt T- ❑ Rescinded Jill Doherty ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Louisa P.Evans __ El El El El ❑ Supt Hgwys Appt ❑ No Action ❑ Lost 2024-322 CATEGORY.• Fireworks Permit DEPARTMENT: Town Clerk Fireworks Permit North Fork Country Club RESOLVED that the Town Board of the Town of Southold hereby approves the issuance of a Fireworks Permit by the Town Clerk to Santore's Fireworks on behalf of the North Fork Country Club, for a fireworks display on Saturday, July 6th, 2024 at 9:15 PM (Rain Date: Sunday, September 1st, at 9:OOPM) at 26342 Main Road, Cutchogue, New York upon payment of a single fee of$100.00 and subject to the applicant's compliance with any conditions and requirements of the Town of Southold policy regarding the issuance of fireworks permits. ✓Vote Record-Resolution RES-2024-322 ❑ Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent El Defeated ❑ Tabled Greg Doroski ❑ ❑ ❑ El ❑ Withdrawn Brian O.Mealy _- ❑ ❑ ❑ El ❑ Supervisor's Appt Anne H.Smith ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt — ❑ Rescinded Albert J Krupski Jr ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Jill Doherty ❑ ❑ ❑ El ❑ Supt Hgwys Appt _- LouisaP.Beans ❑ ❑ ❑ ❑ ❑ No Action — ❑ Lost 2024-293 Tabled 312612024 4:30 PM CATEGORY.• Employment- Town DEPARTMENT: Accounting Permanent Appointment Office Assistant WHEREAS the Town Board of the Town of Southold has appointed Cameron Pase to the position of provisional Office Assistant effective September 19, 2023, and WHEREAS Cameron Pase has taken and passed the Civil Service examination for Office Assistant and is reachable on the Suffolk County Department of Civil Service List of Eligible's for the competitive position of Office Assistant, and WHEREAS the Town Board of the Town of Southold has determined that it is in the best interest of the Town to appoint Cameron Pase to the permanent position of Office Assistant from said List of Eligible's, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby appoints Cameron Pase to the position of Office Assistant from the Suffolk County Department of Civil Service List of Eligible's effective immediately with no salary change. ✓Vote Record-Resolution RES-2024-293 ❑ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski ❑ ❑ ❑ El ❑ Withdrawn Brian O.Mealy _- ❑ ❑ ❑ El ❑ Supervisor's Appt Anne H.Smith ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt — ❑ Rescinded Albert J Krupski Jr ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Jill Doherty ❑ ❑ ❑ El ❑ Supt Hgwys Appt LouisaP.Beans ❑ ❑ ❑ ❑ ❑ No Action — ❑ Lost 2024-323 CATEGORY.• Employment- Town DEPARTMENT: Town Clerk Resignation of Cameron Pase RESOLVED that the Town Board of the Town of Southold hereby accepts the resignation of Cameron Pase from the position of Office Assistant for the Assessors Office and as the Secretary to the Board of Assessment review effective close of business April 10, 2024. ✓Vote Record-Resolution RES-2024-323 ❑ Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent El Defeated ❑ Tabled Greg Doroski -- ❑ ❑ ❑ El ❑ Withdrawn Brian O.Mealy _- ❑ ❑ ❑ El ❑ Supervisor's Appt — Anne H.Smith ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt — ❑ Rescinded Albert J Krupski Jr ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Jill Doherty _- ❑ ❑ ❑ El ❑ Supt Hgwys Appt LouisaP.Beans ❑ ❑ ❑ ❑ ❑ No Action — ❑ Lost 2024-324 CATEGORY.• Legal DEPARTMENT: Town Attorney BESS Local Law Overrule SC Planning WHEREAS, on February 27, 2024, the Town Board of the Town of Southold adopted Resolution 2024-192, which set a public hearing to consider a Local Law establishing a twelve (12) month Extension of the Temporary Moratorium on the issuance of approvals and/or permits for Battery Energy Storage System (BESS) facilities, setting forth the reasons therefore in the body of the resolution; and WHEREAS, as part of that proceeding the Town Board of the Town of Southold referred the local law to the Suffolk County Planning Commission, and WHEREAS, the Planning Commission issued its report regarding the proposed Local Law after a public hearing, and recommended an approval of the proposed local law with a condition that it shall be limited to an initial six (6) month period only, with the requirement that"[t]he Town shall return to the Suffolk County Planning Commission at the end of the six (6) month period(i.e. September 2024)to report on their progress with updates to their code for BESS facilities, and to discuss if an additional six (6) month period extension of the moratorium for the full twelve (12) months is warranted". WHEREAS, the rationale supporting the Commission's decision was based upon the decisions made in a majority of its prior actions that required and/or requested the affected municipality to return to report on its progress; and WHEREAS, on March 26, 2024, the Town Board of the Town of Southold, following a public hearing and consideration of the entire record, including the aforesaid comments and recommendations of the Suffolk County Planning Commission, adopted Local Law 2024-309 enacting a twelve (12) month Extension of a Temporary Moratorium on the issuance of approvals and/or permits for Battery Energy Storage System (BESS) facilities; NOW, THEREFORE, BE IT RESOLVED, in accordance with the requirements set forth in Section A14-22 of the Suffolk County Administrative Code and Section 239-m(6) of the General Municipal Law, the Town Board of the Town of Southold hereby sets forth the reasons the Town Board, by super majority, voted to override the full recommendation of the Commission: 1. The Town Board finds that the condition requiring the Town to return to the Commission in six (6) months will have no practical value due to the documented efforts of the BESS Task force and the established timeline for the conclusion of its findings, report and code recommendations to the Town Board, which will not be available at the time of the requested six (6) month report back in September of 2024. The BESS task force will also be considering the initial recommendations of Governor Hochul's Inter-Agency Fire Safety Working Group which were only released recently. Per a recent press release for the Governor, these recommendations are to be considered by the New York State Code Council and are expected to be included in the next edition of the Fire Code of New York State. Additionally, it is reported that the Governor's Task Force is still conducting inspections of BESS systems to further evaluate and guide the State. Any conclusive and final findings of the Working Group is far from complete. The Town Board finds that the timing of all state and local findings and recommendations will require extensive time and would not be resolved in the next six months. The Town Board acknowledges and understands the need for clear and concise recommendations and or laws to successfully work toward a safe and effective Bess Code; 2. The Town Board finds that a condition requiring the Town to return to the Commission in six (6) months will have no practical value due to the ongoing comprehensive zoning update project being conducted by the Town's Consultants. This process is intended to lead to the creation and adoption of necessary amendments to the Town's zoning legislation, comprehensive plan and other applicable Town laws that will include BESS facilities. The timeline for this project has been reaffirmed to be completed by March 29, 2025; 3. The twelve (12) month extension of this moratorium is a reasonable and necessary exercise of the Town's authority to preserve the status quo while the Town reviews the issues and thoughtfully crafts code necessary to address them. The Town believes that the twelve (12) month extension of the moratorium, without a requirement to return in six (6) months, is the only method to permit the Town to advance its current planning needs and goals; and 4. This twelve (12) month moratorium extension is specific and would restrict BESS facilities only. It is limited in terms of its reach, and does not affect any other type of energy use. Further, the enacted law includes a mechanism for hardship applications. Accordingly, the length of the moratorium extension is reasonable. ✓Vote Record-Resolution RES-2024-324 ❑ Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent El Defeated ❑ Tabled Greg Doroski -- ❑ ❑ ❑ El ❑ Withdrawn Brian O.Mealy _- ❑ ❑ ❑ El ❑ Supervisor's Appt — Anne H.Smith ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt — ❑ Rescinded Albert J Krupski Jr ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Jill Doherty _- ❑ ❑ ❑ El ❑ Supt Hgwys Appt LouisaP.Beans ❑ ❑ ❑ ❑ ❑ No Action — ❑ Lost 2024-325 CATEGORY.• Agreements -Non DEPARTMENT: Town Attorney Southold CSE Residential Repair Program Agreement RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Albert J Krupski Jr. to execute the Southold CSE Residential Repair Program Agreement between the Town of Southold and the County of Suffolk Office of the Aging to provide the elderly in need with the required labor for minor repair and renovation assistance to remediate or upgrade substandard, unsuitable or unsafe housing, including, but not limited to handicapped accessible and crime prevention modifications, for the period January 1, 2024 through December 31, 2024, at no cost to the Town, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2024-325 ❑7dopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Greg Doroski ❑ ❑ ❑ ❑ ❑ Defeated „— El El El El ElTabled Brian O.Mealy — ❑ Withdrawn Anne H.Smith ❑ ❑ ❑ El ❑ Supervisor's Appt Albert J Krupski Jr _- ❑ ❑ ❑ El ❑ Tax Receiver's Appt Jill Doherty ❑ ❑ ❑ ❑ ❑ Rescinded — ❑ Town Clerk's Appt Louisa P.Evans ❑ ❑ ❑ ❑ ❑ Supt Hgwys Appt — ❑ No Action ❑ Lost 2024-326 CATEGORY.• Committee Appointment DEPARTMENT: Town Attorney Recreation Committee Appointments RESOLVED that the Town Board of the Town of Southold hereby appoints the following individuals to the Southold Town Recreation Committee, who shall prepare a mission statement and submit same to the Town Board for review within 45 days. The following committee appointments are effective immediately: Brian O. Mealy Town Board Member Anne Smith Town Board Member Janet Douglass Recreation Supervisor Tim Abrams Building Maintenance Supervisor Julie M. McGivney Assistant Town Attorney ✓Vote Record-Resolution RES-2024-326 ❑ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski ❑ ❑ ❑ El ❑ Withdrawn Brian O.Mealy ❑ ❑ ❑ El ❑ Supervisor's Appt _- Anne H.Smith ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt — ❑ Rescinded Albert J Krupski Jr ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Jill Doherty _- ❑ ❑ ❑ El ❑ Supt Hgwys Appt LouisaP.Evans ❑ ❑ ❑ ❑ ❑ No Action — ❑ Lost 2024-327 CATEGORY.• Employment- Town DEPARTMENT: Accounting Approves a Leave of Absence Employee #1533 RESOLVED that the Town Board of the Town of Southold hereby approves a leave of absence to employee #1533 effective approximately May 21, 2024 through June 11, 2024. ✓Vote Record-Resolution RES-2024-327 ❑ Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent El Defeated ❑ Tabled Greg Doroski -- ❑ ❑ ❑ El ❑ Withdrawn Brian O.Mealy _- ❑ ❑ ❑ El ❑ Supervisor's Appt Anne H.Smith ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt — ❑ Rescinded Albert J Krupski Jr ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Jill Doherty _- ❑ ❑ ❑ El ❑ Supt Hgwys Appt _- LouisaP.Beans ❑ ❑ ❑ ❑ ❑ No Action — ❑ Lost 2024-328 CATEGORY.• Ratify Fishers Island Reso. DEPARTMENT. Fishers Island Ferry District FIFD 411124 Meeting Resolution Ratifications RESOLVED that the Town Board of the Town of Southold hereby ratifies and approves the resolutions of the Fishers Island Ferry District Board of Commissioners dated April 1, 2024 meeting, as follows: FIFD Resolution# Regarding 2024-044 Warrant 2024-048 Professional Services Broker 2024-049 Professional Services MCP 2024-050 Life Insurance Renewal 2024-051 Dental Insurance Renewal ✓Vote Record-Resolution RES-2024-328 ❑ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski ❑ ❑ ❑ El ❑ Withdrawn Brian O.Mealy _- ❑ ❑ ❑ El ❑ Supervisor's Appt Anne H.Smith ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt — ❑ Rescinded Albert J Krupski Jr ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Jill Doherty ❑ ❑ ❑ El ❑ Supt Hgwys Appt _- LouisaP.Evans ❑ ❑ ❑ ❑ ❑ No Action — ❑ Lost 2024-329 CATEGORY.• Local Law Public Hearing DEPARTMENT. Town Attorney PH 6118 4:30 Pin- Chapter 234-SPDES WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 9 h day of April, 2024, A Local Law entitled, "A Local Law in relation to SPDES Stormwater Management and Erosion & Sediment Control." and therefor be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 18th day of June, 2024 at 4:30 p.m. at which time all interested persons will be given an opportunity to be heard. The purposed Local Law entitled, "A Local Law in relation to SPDES Stormwater Management and Erosion & Sediment Control"reads as follows: LOCAL LAW NO. 2024 L A new Chapter 234 of the Code of the Town of Southold is hereby adopted as follows: A Local Law entitled, "A Local Law in relation to SPDES Stormwater Management and Erosion & Sediment Control". IL §234-1 Legislative Intent A. Findings. The State of New York, pursuant to the Clean Water Act(33 U.S.C. §1251 et seq.) is authorized to adopt and implement a State Pollutant Discharge Elimination System (SPDES)permit program regulating the discharge of pollutants from new or existing outlets or point sources into the waters of the State. The State enacted Article 17, Title 8, of the Environmental Conservation Law requiring a State Pollution Discharge Elimination System (SPDES)permit prior to the discharge of any pollutants. Under the Federal National Pollutant Discharge Elimination System (NPDES) regulations, as administrated by New York State, municipalities are required to obtain a permit for the discharge of stormwater. The SPDES permit requires that the Town enact a local law that complies with federal and New York State guidelines for stormwater control, which addresses the following findings of fact as determined by the State and accepted by the Town of Southold: 1. Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition; 2. This stormwater runoff contributes to increased quantities of water-borne pollutants, including siltation of aquatic habitat for fish and other desirable species; 3. Clearing and grading during construction tends to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat; 4. Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff thereby increasing stream bank erosion and sedimentation; 5. Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream baseflow; 6. Substantial economic losses can result from these adverse impacts on the waters of the municipality; 7. Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities; 8. The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety. 9. Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development. B. Purpose. The purpose of this local law is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in Section 1 hereof. This local law seeks to meet those purposes by achieving the following objectives: 1. Meet the requirements of minimum measures 4 and 5 of the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-0-24-001 or as amended or revised; 2. Require land development activities to conform to the substantive requirements of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-0- 20-001 or as amended or revised; 3. Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion and maintain the integrity of stream channels; 4. Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality; 5. Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and 6. Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety. C. Statutory Authority. In accordance with Article 10 of the Municipal Home Rule Law of the State of New York, the Town of Southold has the authority to enact local laws and amend local laws and for the purpose of promoting the health, safety or general welfare of the Town of Southold and for the protection and enhancement of its physical environment._The Town of Southold may include in any such local law provisions for the appointment of any municipal officer, employees, or independent contractor to effectuate, administer and enforce such local law. D. Applicability. This local law shall be applicable to all land development activities as defined in this local law. 1. The municipality shall designate a Stormwater Management Officer who shall accept and review all stormwater pollution prevention plans and forward such plans to the applicable municipal board. The Stormwater Management Officer may (1)review the plans, (2) upon approval by the Town Board of the Town of Southold, engage the services of a registered professional engineer to review the plans, specifications and related documents at a cost not to exceed a fee schedule established by said governing board, or(3) accept the certification of a licensed professional that the plans conform to the requirements of this law. 2. All land development activities subject to review and approval by any duly authorized Board of the Town shall be reviewed subject to the standards contained in this local law 3. All land development activities not subject to review as stated herein at subsection (D)(2) of this paragraph shall be required to submit a Stormwater Pollution Prevention Plan (SWPPP) to the Stormwater Management Officer who shall approve the SWPPP if it complies with the requirements of this law. E. Exemptions. The following activities may be exempt from review under this law. 1. Agricultural activity as defined in this local law. 2. Silvicultural activity except that landing areas and log haul roads are subject to this law. 3. Routine maintenance activities that disturb less than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility. 4. Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer. 5. Any part of a subdivision if a plat for the subdivision has been approved by the Town of Southold on or before the effective date of this law. 6. Land development activities for which a building permit has been approved on or before the effective date of this law. 7. Cemetery graves. 8. Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles. 9. Emergency activity immediately necessary to protect life,property or natural resources. 10. Activities of an individual engaging in home gardening by growing flowers, vegetable and other plants primarily for use by that person and his or her family. 11. Landscaping and horticultural activities in connection with an existing structure. §234-2 Definitions The terms used in this local law or in documents prepared or reviewed under this local law shall have the meaning as set forth in this section. Agricultural Activity -the activity of an active farm including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities. Applicant - a property owner or agent of a property owner who has filed an application for a land development activity. Building - any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area. Channel - a natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water. Clearing - any activity that removes the vegetative surface cover. Dedication -the deliberate appropriation of property by its owner for general public use. Department -the New York State Department of Environmental Conservation Design Manual -the New York State Stormwater Management Design Manual, most recent version including applicable updates, that serves as the official guide for stormwater management principles, methods and practices. Developer - a person who undertakes land development activities. Erosion Control Manual-the most recent version of the "New York Standards and Specifications for Erosion and Sediment Control"manual, commonly known as the `Blue Book". Grading - excavation or fill of material, including the resulting conditions thereof. Impervious Cover -those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snow melt and water(e.g., building rooftops,pavement, sidewalks, driveways, etc). Industrial Stormwater Permit - a State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies. Infiltration -the process of percolating stormwater into the subsoil. Jurisdictional Wetland - an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation. Land Development Activity- construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules. Landowner -the legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land. Maintenance Agreement - a legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices. Nonpoint Source Pollution -pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources. Phasing - clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next. Pollutant of Concern - sediment or a water quality measurement that addresses sediment(such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity. Project - land development activity Recharge -the replenishment of underground water reserves. Sediment Control - measures that prevent eroded sediment from leaving the site. Sensitive Areas - cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species. SPDES General Permit for Construction Activities GP-0-20-001 - A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land. SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems GP-0-24-001 - A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA established water quality standards and/or to specify stormwater control standards Stabilization -the use of practices that prevent exposed soil from eroding. Stop Work Order - an order issued which requires that all construction activity on a site be stopped. Stormwater -rainwater, surface runoff, snowmelt and drainage Stormwater Hotspot - a land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies. Stormwater Management -the use of structural or non-structural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment. Stormwater Management Facility- one or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff. Stormwater Management Officer - an employee or officer designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices Stormwater Management Practices (SMPs) - measures, either structural or nonstructural, that are determined to be the most effective,practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies. Stormwater Pollution Prevention Plan (SWPPP) - a plan for controlling stormwater runoff and pollutants from a site during and after construction activities. Stormwater Runoff- flow on the surface of the ground, resulting from precipitation Surface Waters of the State of New York - lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial seas of the state of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt,public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition are not waters of the state. This exclusion applies only to manmade bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state. Watercourse - a permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water. Waterway - a channel that directs surface runoff to a watercourse or to the public storm drain. §234-3 Stormwater Pollution Prevention Plans A. Stormwater Pollution Prevention Plan Requirement No application for approval of a land development activity shall be reviewed until the appropriate board has received a Stormwater Pollution Prevention Plan (SWPPP) prepared in accordance with the specifications in this local law. Each application for approval of a land development activity shall be accompanied by a filing fee. B. Contents of Stormwater Pollution Prevention Plans All SWPPPs shall provide the following background information and erosion and sediment controls: 1. Background information about the scope of the project, including location, type and size of project. 2. Site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent offsite surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharges(s); 3. Description of the soil(s)present at the site; 4. Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five (5) acres shall be disturbed at any one time unless pursuant to an approved SWPPP. 5. Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff, 6. Description of construction and waste materials expected to be stored on-site with updates as appropriate, and a description of controls to reduce pollutants from these materials including storage practices to minimize exposure of the materials to stormwater, and spill -prevention and response; 7. Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project close-out; 8. A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice; 9. Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins; 10. Temporary practices that will be converted to permanent control measures; 11. Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place; 12. Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice; 13. Name(s) of the receiving water(s); 14. Delineation of SWPPP implementation responsibilities for each part of the site; 15. Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and 16. Any existing data that describes the stormwater runoff at the site. C. Land development activities as defined in §234(1) herein and meeting Condition "1", "2" or "Y'below shall also include water quantity and water quality controls (post- construction stormwater runoff controls) as set forth in subsection "D"below as applicable: Condition 1 - Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department's 303(d) list of impaired waters or a Total Maximum Daily Load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment. Condition 2 - Stormwater runoff from land development activities disturbing five (5) or more acres. Condition 3 - Stormwater runoff from land development activity disturbing between one (1) and five (5) acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties. D. SWPPP Requirements for Conditions 1, 2 and 3: 1. All information in §234-3(B) of this local law 2. Description of each post-construction stormwater management practice; 3. Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice; 4. Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms 5. Comparison of post-development stormwater runoff conditions with pre- development conditions 6. Dimensions, material specifications and installation details for each post- construction stormwater management practice; 7. Maintenance schedule to ensure continuous and effective operation of each postconstruction stormwater management practice. 8. Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property. 9. Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with §234- 7 of this local law. 10. For Condition A, the SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements in this local law. §234-4 Other Environmental Permits The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan. §234-5 Contractor Certification 1. Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity : "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards." 2. The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made. 3. The certification statement(s) shall become part of the SWPPP for the land development activity. 4. A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization. §234-6 Performance and Design Criteria for Stormwater Management and Erosion and Sediment Control All land development activities shall be subject to the following performance and design criteria: A. Technical Standards For the purpose of this local law, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this law: 1. The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the Design Manual) 2. New York Standards and Specifications for Erosion and Sediment Control, (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the Erosion Control Manual). B. Equivalence to Technical Standards Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth herein at subsection (A) above and the SWPPP shall be prepared by a licensed professional. C. Water Quality Standards Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the state of New York. §234-7 Maintenance, Inspection and Repair of Stormwater Facilities A. Maintenance and Inspection During Construction 1. The applicant or developer of the land development activity or their representative shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances)which are installed or used by the applicant or developer to achieve compliance with the conditions of this local law. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by fifty (50)percent. 2. For land development activities as defined herein and meeting Condition 1, 2 or 3 in 234(3)(C), the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every 7 days and within 24 hours of any storm event producing 0.5 inches of precipitation or more. Inspection reports shall be maintained in a site log book. B. Maintenance Easement(s) Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Southold to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this local law. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Town of Southold. C. Maintenance after Construction The owner or operator of permanent stormwater management practices installed in accordance with this law shall ensure they are operated and maintained to achieve the goals of this law. Proper operation and maintenance also includes, as a minimum, the following: l. A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this law. 2. Written procedures for operation and maintenance and training new maintenance personnel. 3. Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with §234-6(C). D. Maintenance Agreements The Town of Southold shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the Suffolk County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this local law entitled Sample Stormwater Control Facility Maintenance Agreement. The Town of Southold, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility,provided such facility meets all the requirements of this local law and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. §234-8 Administration and Enforcement Section 1 - Inspections A. Erosion and Sediment Control Inspection The Town of Southold Stormwater Management Officer shall require such inspections as necessary to determine compliance with this law and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this law and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Town of Southold enforcement official at least 48 hours before any of the following as required by the Stormwater Management Officer: l. Start of construction 2. Installation of sediment and erosion control measures 3. Completion of site clearing 4. Completion of rough grading 5. Completion of final grading 6. Close of the construction season 7. Completion of final landscaping 8. Successful establishment of landscaping in public areas. If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the Stormwater Management Officer. B. Stormwater Management Practice Inspections The Town of Southold Stormwater Management Officer, is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit"as built"plans for any stormwater management practices located on-site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer. C. Inspection of Stormwater Facilities After Project Completion Inspection programs shall be established on any reasonable basis, including but not limited to: routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices. D. Submission of Reports The Town of Southold Stormwater Management Officer shall require monitoring and reporting from entities subject to this law as are necessary to determine compliance with this law. E. Right-of-Entry for Inspection When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public storm water system, the landowner shall grant to the Town of Southold the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in this Section at paragraph"C". Section 2. Performance Guarantee A. Construction Completion Guarantee In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town of Southold in its approval of the Stormwater Pollution Prevention Plan, the Town of Southold shall require the applicant or developer to provide,prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town of Southold as the beneficiary. The security shall be in an amount to be determined by the Town of Southold based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Town of Southold,provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) have been constructed in accordance with the approved plans and specifications and that a one (1)year inspection has been conducted and the facilities have been found to be acceptable to the Town of Southold. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability. B. Maintenance Guarantee Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, shall be required to provide the Town of Southold with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities both during and after construction, and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town of Southold may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs. C. Recordkeeping All entities subject to this law shall maintain records demonstrating compliance with this law. Section 3. Enforcement and Penalties A. Notice of Violation. When the Town of Southold determines that a land development activity is not being carried out in accordance with the requirements of this local law, it may issue a written notice of violation to the landowner. The notice of violation shall contain: 1. the name and address of the landowner, developer or applicant; 2. the address when available or a description of the building, structure or land upon which the violation is occurring; 3. a statement specifying the nature of the violation; 4. a description of the remedial measures necessary to bring the land development activity into compliance with this local law and a time schedule for the completion of such remedial action; 5. a statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; 6. a statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within fifteen (15) days of service of notice of violation. B. Stop Work Orders The Town of Southold may issue a stop work order for violations of this law. Persons receiving a stop work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop work order. The stop work order shall be in effect until the Town of Southold confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this local law. C. Violations Any land development activity that is commenced or is conducted contrary to this local law, may be restrained by injunction or otherwise abated in a manner provided by law. D. Penalties In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this local law shall be guilty of a violation punishable by a fine not exceeding two thousand five hundred dollars ($2,500) or imprisonment for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than Seven Thousand Five Hundred($7,500) dollars nor more than Ten Thousand dollars ($10,000) or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense all of which were committed within a period of five years,punishable by a fine not less than Fifteen Thousand($15,000) dollars nor more than Twenty Thousand($20,000) dollars or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this local law shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation. E. Withholding of Certificate of Occupancy If any building or land development activity is installed or conducted in violation of this local law the Stormwater Management Officer may prevent the occupancy of said building or land. F. Restoration of lands Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town of Southold may take necessary corrective action, the cost of which shall become a lien upon the property until paid. §234-9 Fees for Services The Town of Southold may require any person undertaking land development activities regulated by this law to pay a fee for review of SWPPPs, inspections, and SNIP maintenance performed by the Town of Southold or performed by a third parry for the Town of Southold, at a rate to be determined by Town Board resolution. §234-10 Severability and Effective Date III. Severability If the provisions of any article, section, subsection, paragraph, subdivision or clause of this local law shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this local law. IV. Effective Date This local law shall be in full force and effect immediately upon its final adoption and filing with the Secretary of State. All prior laws and parts of law in conflict with this law are hereby repealed. Schedule A Stormwater Management Practices Acceptable for Water Quality (From:New York State Stormwater Management Design Manual, Table 5.1) Group Practice Description Micropool Extended Pond that treats the majority of the water quality volume Pond Detention Pond (P-1) through extended detention, and incorporates a micropool at the outlet of the pond to prevent sediment resuspension. Wet Pond (P-2) Pond that provides storage for the entire water quality volume in the permanent pool. Wet Extended Detention Pond that treats a portion of the water quality volume by Pond (P-3) detaining storm flows above a permanent pool for a specified minimum detention time. Multiple Pond System (P- A group of ponds that collectively treat the water quality 4) volume. Pocket Pond(P-5) A stormwater wetland design adapted for the treatment of runoff from small drainage areas that has little or no baseflow available to maintain water elevations and relies on groundwater to maintain a permanent pool. Shallow Wetland (W-1) A wetland that provides water quality treatment entirely in a shallow marsh. Extended Detention A wetland system that provides some fraction of the water Wetland (W-2) quality volume by detaining storm flows above the marsh surface. Pond/Wetland System A wetland system that provides a portion of the water quality (W-3) volume in Wetland the permanent pool of a wet pond that precedes the marsh for a specified minimum detention time. Pocket Wetland (W-4) A shallow wetland design adapted for the treatment of runoff from small drainage areas that has variable water levels and relies on groundwater for its permanent pool. Infiltration Trench (I-1) An infiltration practice that stores the water quality volume in the void spaces of a gravel trench before it is infiltrated into the ground. Infiltration Basin (I-2) An infiltration practice that stores the water quality volume in a shallow Infiltration depression before it is infiltrated into the ground. Dry Well (I-3) An infiltration practice similar in design to the infiltration trench, and best suited for treatment of rooftop runoff. Surface Sand Filter(F-1) A filtering practice that treats stormwater by settling out larger Filtering particles in a sediment chamber, and then filtering stormwater Practices through a sand matrix. Underground Sand Filter A filtering practice that treats stormwater as it flows through (F- 2) underground settling and filtering chambers. Perimeter Sand Filter(F- A filter that incorporates a sediment chamber and filter bed as 3) parallel vaults adjacent to a parking lot. Organic Filter(F-4) A filtering practice that uses an organic medium such as compost in the filter in place of sand. Bioretention (F-5) A shallow depression that treats stormwater as it flows through a soil matrix, and is returned to the storm drain system. Dry Swale (0-1) An open drainage channel or depression explicitly designed to detain and Open promote the filtration of stormwater runoff into the soil media. Channels Wet Swale (0-2) An open drainage channel or depression designed to retain water or intercept groundwater for water quality treatment. Schedule B SAMPLE STORMWATER CONTROL FACILITY MAINTENANCE AGREEMENT Whereas, the Town of Southold(Town) and the ("facility owner")want to enter into an agreement to provide for the long-term maintenance and continuation of stormwater control measures approved by the Town for the below named project, and Whereas, the Town and the facility owner desire that the stormwater control measures be built in accordance with the approved project plans and thereafter be maintained, cleaned, repaired, replaced and continued in perpetuity in order to ensure optimum performance of the components. Therefore, the Town and the facility owner agree as follows: 1. This agreement binds the Town and the facility owner, its successors and assigns, to the maintenance provisions depicted in the approved project plans which are attached as Schedule A of this agreement. 2. The facility owner shall maintain, clean, repair, replace and continue the stormwater control measures depicted in Schedule A as necessary to ensure optimum performance of the measures to design specifications. The stormwater control measures shall include, but shall not be limited to, the following: drainage ditches, swales, dry wells, infiltrators, drop inlets,pipes, culverts, soil absorption devices and retention ponds. 3. The facility owner shall be responsible for all expenses related to the maintenance of the stormwater control measures and shall establish a means for the collection and distribution of expenses among parties for any commonly owned facilities. 4. The facility owner shall provide for the periodic inspection of the stormwater control measures, not less than once in every five (5)year period, to determine the condition and integrity of the measures. Such inspection shall be performed by a Professional Engineer licensed by the State of New York. The inspecting engineer shall prepare and submit to the Town within 30 days of the inspection, a written report of the findings including recommendations for those actions necessary for the continuation of the stormwater control measures. 5. The facility owner shall not authorize, undertake or permit alteration, abandonment, modification or discontinuation of the stormwater control measures except in accordance with written approval of the Town. 6. The facility owner shall undertake necessary repairs and replacement of the stormwater control measures at the direction of the Town or in accordance with the recommendations of the inspecting engineer. 7. The facility owner shall provide to the Town within 30 days of the date of this agreement, a security for the maintenance and continuation of the stormwater control measures in the form of(a Bond, letter of credit or escrow account). 8. This agreement shall be recorded in the Office of the County Clerk, County of Suffolk together with the deed for the common property and shall be included in the offering plan and/or prospectus approved pursuant to 9. If ever the Town determines that the facility owner has failed to construct or maintain the stormwater control measures in accordance with the project plan or has failed to undertake corrective action specified by the Town or by the inspecting engineer, the Town is authorized to undertake such steps as reasonably necessary for the preservation, continuation or maintenance of the stormwater control measures and to affix the expenses thereof as a lien against the property. 10. This agreement is effective ✓Vote Record-Resolution RES-2024-329 ❑ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski ❑ ❑ ❑ El ❑ Withdrawn Brian O.Mealy _- ❑ ❑ ❑ El ❑ Supervisor's Appt Anne H.Smith ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt El Rescinded Rescinded Albert J Krupski Jr ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Jill Doherty ❑ ❑ ❑ El ❑ Supt Hgwys Appt LouisaP.Beans ❑ ❑ ❑ ❑ ❑ No Action El Lost Lost 2024-330 CATEGORY.• Property Acquisition Purchase DEPARTMENT: Town Attorney Mattituck 12,500 LLC Payment RESOLVED, that the Town Board of the Town of Southold hereby authorizes and approves an interim payment in the amount of$236,610.54 to Mattituck 12,500 LLC, representing the remaining amount due, with interest, for the parcel known as 12500 Main Road, Mattituck, (NYSCTM: 1000-114-11-17); in accordance with an appraisal conducted by the Town as of the January 9, 2023 vesting date, to be funded by line H.1620.2.400.200 ; subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2024-330 ❑ Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated ❑ Tabled Greg Doroski -- ❑ ❑ ❑ El ❑ Withdrawn Brian O.Mealy _- ❑ ❑ ❑ El ❑ Supervisor's Appt — Anne H.Smith ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt El Rescinded Rescinded Albert J Krupski Jr ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Jill Doherty _- ❑ ❑ ❑ El ❑ Supt Hgwys Appt LouisaP.Beans ❑ ❑ ❑ ❑ ❑ No Action El Lost Lost 2024-331 CATEGORY.• Bond DEPARTMENT: Town Attorney Rescind Bond Resolution-Land Acq. FI USCG RESOLVED that the Town Board of the Town of Southold hereby rescinds, in its entirety, resolution 2024-59, adopted at the January 2, 2024, regular Town Board meeting, which read as follows: BOND RESOLUTION OF THE TOWN OF SOUTHOLD, NEW YORK, ADOPTED JANUARY 2, 2024, AUTHORIZING THE ISSUANCE OF BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED $2,100,000 TO FINANCE THE ACQUISITION OF A PARCEL OF REAL PROPERTY CURRENTLY OWNED BY THE UNITED STATES COAST GUARD, LOCATED ON FISHERS ISLAND, IN THE TOWN, STATING THE ESTIMATED MAXIMUM COST THEREOF IS $2,100,000 AND APPROPRIATING SAID AMOUNT FOR SUCH PURPOSE THE TOWN BOARD OF THE TOWN OF SOUTHOLD, IN THE COUNTY OF SUFFOLK, NEW YORK, HEREBY RESOLVES (by the favorable vote of not less than two-thirds of all the members of said Town Board) AS FOLLOWS: Section 1. The Town of Southold, in the County of Suffolk, New York (herein called the "Town"), is hereby authorized to issue bonds in a principal amount not to exceed $2,100,000 pursuant to the Local Finance Law, constituting Chapter 33-a of the Consolidated Laws of the State of New York (herein called the "Law"), to finance the acquisition of a parcel of real property currently owned by the United States Coast Guard, located on Fishers Island, in the Town (SCTM4 1000-12-1-4.3). Section 2. The estimated maximum cost of the project described herein, including preliminary costs and costs incidental thereto and the financing thereof, is $2,100,000 and said amount is hereby appropriated for such purpose. The plan of financing includes the issuance of bonds in a principal amount not to exceed $2,100,000 to finance said appropriation, the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable. Section 3. The following additional matters are hereby determined and declared: (a) The period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued, within the limitations of Section 11.00 a. 21 of the Law, is thirty (30)years. (b) The proceeds of the bonds herein authorized and any bond anticipation notes issued in anticipation of said bonds may be applied to reimburse the Town for expenditures made after the effective date of this resolution for the purpose for which said bonds are authorized. The foregoing statement of intent with respect to reimbursement is made in conformity with Treasury Regulation Section 1.150-2 of the United States Treasury Department. (c) The proposed maturity of the bonds authorized by this resolution will exceed five (5) years. Section 4. Each of the bonds authorized by this resolution and any bond anticipation notes issued in anticipation of the sale of said bonds shall contain the recital of validity as prescribed by Section 52.00 of the Law and said bonds and any notes issued in anticipation of said bonds shall be general obligations of the Town, payable as to both principal and interest by general tax upon all the taxable real property within the Town. The faith and credit of the Town are hereby irrevocably pledged to the punctual payment of the principal of and interest on said bonds and any notes issued in anticipation of the sale of said bonds and provision shall be made annually in the budget of the Town by appropriation for (a) the amortization and redemption of the bonds and any notes in anticipation thereof to mature in such year and (b) the payment of interest to be due and payable in such year. Section 5. Subject to the provisions of this resolution and of the Law and pursuant to the provisions of Section 21.00 of the Law relative to the authorization of bonds with substantially level or declining annual debt service, Section 30.00 relative to the authorization of the issuance of bond anticipation notes and Section 50.00 and Sections 56.00 to 60.00 and Section 168.00 of the Law, the powers and duties of the Town Board relative to authorizing bond anticipation notes and prescribing the terms, form and contents and as to the sale and issuance of the bonds herein authorized, and of any bond anticipation notes issued in anticipation of said bonds, and the renewals of said bond anticipation notes, and as to the execution of agreements for credit enhancements, are hereby delegated to the Supervisor, the chief fiscal officer of the Town. Section 6. The validity of the bonds authorized by this resolution, and of any notes issued in anticipation of the sale of said bonds, may be contested only if: (a) such obligations are authorized for an object or purpose for which the Town is not authorized to expend money, or (b) the provisions of law which should be complied with at the date of publication of such resolution, or a summary thereof, are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or (c) such obligations are authorized in violation of the provisions of the constitution. Section 7. This bond resolution is subject to a permissive referendum and the Town Clerk is hereby authorized and directed, within ten (10) days after the adoption of this resolution, to publish or cause to be published, in full, in the official newspaper of the Town, having a general circulation within said Town, and posted on the sign board of the Town maintained pursuant to the Town Law, a Notice in substantially the following form appearing in Exhibit A hereto. Section 8. The Town Clerk is hereby authorized and directed, after said bond resolution shall take effect, to cause said bond resolution to be published, in summary, in the official newspaper of the Town, having a general circulation within said Town, together with a Notice in substantially the form as provided by Section 81.00 of the Law. EXHIBIT A (Below is the Notice for Publication and Posting) TOWN OF SOUTHOLD, NEW YORK PLEASE TAKE NOTICE that on January 2, 2024, the Town Board of the Town of Southold, in the County of Suffolk, New York, adopted a bond resolution entitled: "Bond Resolution of the Town of Southold, New York, adopted January 2, 2024, authorizing the issuance of bonds in a principal amount not to exceed $2,100,000 to finance the acquisition of a parcel of real property currently owned by the United States Coast Guard, located on Fishers Island, in the Town, stating the estimated maximum cost thereof is $2,100,000 and appropriating said amount for such purpose," an abstract of which bond resolution concisely stating the purpose and effect thereof, being as follows: FIRST: AUTHORIZING the Town of Southold, New York to issue bonds in a principal amount not to exceed $2,100,000 pursuant to the Local Finance Law of the State of New York, to finance the acquisition of a parcel of real property currently owned by the United States Coast Guard, located on Fishers Island, in the Town (SCTM4 1000-12-1-4.3); SECOND: STATING that the estimated maximum cost thereof, including preliminary costs and costs incidental thereto and the financing thereof, is $2,100,000; appropriating said amount for such purpose; and STATING that the plan of financing includes the issuance of bonds in a principal amount not to exceed $2,100,000 to finance said appropriation, the levy and collection of taxes on all the taxable real property in the Town to pay the principal of said bonds and the interest thereon as the same shall become due and payable; THIRD: DETERMINING and STATING that the period of probable usefulness applicable to the object or purpose for which said bonds are authorized to be issued is thirty (30) years; the proceeds of said bonds and any bond anticipation notes issued in anticipation thereof may be applied to reimburse the Town for expenditures made after the effective date of this bond resolution for the purposes for which said bonds are authorized; and the proposed maturity of said bonds will exceed five (5)years; FOURTH: DETERMINING that said bonds and any bond anticipation notes issued in anticipation of said bonds and the renewals of said bond anticipation notes shall be general obligations of the Town; and PLEDGING to their payment the faith and credit of the Town; FIFTH: DELEGATING to the Supervisor the powers and duties as to the issuance of said bonds and any bond anticipation notes issued in anticipation of said bonds, or the renewals thereof, and SIXTH: STATING the conditions under which the validity of the bonds and any notes issued in anticipation thereof may be contested; and SEVENTH: DETERMINING that the bond resolution is subject to a permissive referendum. DATED: January 2, 2024 Denis Noncarrow, Town Clerk ✓Vote Record-Resolution RES-2024-331 ❑ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski ❑ ❑ ❑ El ❑ Withdrawn Brian O.Mealy _- ❑ ❑ ❑ El ❑ Supervisor's Appt Anne H.Smith ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt — ❑ Rescinded Albert J Krupski Jr ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Jill Doherty ❑ ❑ ❑ El ❑ Supt Hgwys Appt LouisaP.Beans ❑ ❑ ❑ ❑ ❑ No Action — ❑ Lost 2024-332 CATEGORY.• Local Law Public Hearing DEPARTMENT. Town Attorney PH 6118 4:30 Pm -LL Chapter 235 Storm Sewer Systems WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 9th day of April, 2024, A Local Law entitled, "A Local Law in relation to Storm Sewer Systems; Illicit Discharges, Activities and Connections" and therefor be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the 18tb day of June, 2024 at 4:30 p.m. at which time all interested persons will be given an opportunity to be heard. The purposed Local Law entitled, "A Local Law in relation to Storm Sewer Systems; Illicit Discharges, Activities and Connections"reads as follows: LOCAL LAW NO. 2024 I. A new Chapter 235 of the Code of the Town of Southold is hereby adopted as follows: A Local Law entitled, "A Local Law in relation to Storm Sewer Systems; Illicit Discharges, Activities and Connections 235-1. PURPOSE/INTENT. The purpose of this law is to provide for the health, safety, and general welfare of the citizens of the Town of Southold through the regulation of non-stormwater discharges to the municipal separate storm sewer system (MS4) to the maximum extent practicable as required by federal and state law. This law establishes methods for controlling the introduction of pollutants into the MS4 in order to comply with requirements of the SPDES General Permit for Municipal Separate Storm Sewer Systems. The objectives of this law are: 1. To meet the requirements of the SPDES General Permit for Stormwater Discharges from MS4s, Permit no. GP-0-24-001 or as amended or revised; 2. To regulate the contribution of pollutants to the MS4 since such systems are not designed to accept, process or discharge non-stormwater wastes; 3. To prohibit Illicit Connections, Activities and Discharges to the MS4; 4. To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this law; and 5 To promote public awareness of the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, grease, oil,petroleum products, cleaning products, paint products, hazardous waste, sediment and other pollutants into the MS4. 235-2. DEFINITIONS. Whenever used in this law, unless a different meaning is stated in a definition applicable to only a portion of this law, the following terms will have meanings set forth below: Best Management Practices (BMPs) - Schedules of activities, prohibitions of practices, general good house- keeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Clean Water Act- The Federal Water Pollution Control Act(33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. Construction Activity - Activities requiring authorization under the SPDES permit for stormwater discharges from construction activity, GP-0-20-001, as amended or revised. These activities include construction projects resulting in land disturbance of one or more acres. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition. Department - The New York State Department of Environmental Conservation. Hazardous Materials - Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Illicit Connections - Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the MS4, including but not limited to: 1. Any conveyances which allow any non-stormwater discharge including treated or untreated sewage, process wastewater, and wash water to enter the MS4 and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved by an authorized enforcement agency; or 2. Any drain or conveyance connected from a commercial or industrial land use to the MS4 which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. Illicit Discharge - Any direct or indirect non-stormwater discharge to the MS4, except as exempted in 235- 5A of this law. Industrial Activity- Activities requiring the SPDES permit for discharges from industrial activities except construction, GP-0-23-001, as amended or revised. MS4 - Municipal Separate Storm Sewer System. Municipal Separate Storm Sewer System - A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): 1. Owned or operated by the Town of Southold; 2. Designed or used for collecting or conveying stormwater; 3. Which is not a combined sewer; and 4. Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40CFR 122.2 Municipality- The Town of Southold Non-Stormwater Discharge - Any discharge to the MS4 that is not composed entirely of stormwater. Person - Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. Pollutant - Dredged spoil, filter backwash, solid waste, incinerator residue, treated or untreated sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand and industrial, municipal, agricultural waste and ballast discharged into water; which may cause or might reasonably be expected to cause pollution of the waters of the state in contravention of the standards. Premises - Any building, lot,parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. Special Conditions 1. Discharge Compliance with Water Quality Standards - The condition that applies where a municipality has been notified that the discharge of stormwater authorized under their MS4 permit may have caused or has the reasonable potential to cause or contribute to the violation of an applicable water quality standard. Under this condition the municipality must take all necessary actions to ensure future discharges do not cause or contribute to a violation of water quality standards. 2. 303(d) Listed Waters - The condition in the municipality's MS4 permit that applies where the MS4 discharges to a 303(d) listed water. Under this condition the stormwater management program must ensure no increase of the listed pollutant of concern to the 303(d) listed water. 3. Total Maximum Daily Load (TMDL) Strategy - The condition in the municipality's MS4 permit where a TMDL including requirements for control of stormwater discharges has been approved by EPA for a waterbody or watershed into which the MS4 discharges. If the discharge from the MS4 did not meet the TMDL stormwater allocations prior to September 10, 2003, the municipality was required to modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved. 4. The condition in the municipality's MS4 permit that applies if a TMDL is approved in the future by EPA for any waterbody or watershed into which an MS4 discharges. Under this condition the municipality must review the applicable TMDL to see if it includes requirements for control of stormwater discharges. If an MS4 is not meeting the TMDL stormwater allocations, the municipality must, within six (6) months of the TMDL's approval, modify its stormwater management program to ensure that reduction of the pollutant of concern specified in the TMDL is achieved. State Pollutant Discharge Elimination System (SPDES) Stormwater Discharge Permit - A permit issued by the Department that authorizes the discharge of pollutants to waters of the state. Stormwater - Rainwater, surface runoff, snowmelt and drainage. Stormwater Management Officer (SMO) - An employee, the municipal engineer or other public official(s) designated by the Town of Southold to enforce this local law. The SMO may also be designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices. 303(d) List- A list of all surface waters in the state for which beneficial uses of the water(drinking, recreation, aquatic habitat, and industrial use) are impaired by pollutants, prepared periodically by the Department as required by 235- 303(d) of the Clean Water Act. 303(d) listed waters are estuaries, lakes and streams that fall short of state surface water quality standards and are not expected to improve within the next two years. TMDL - Total Maximum Daily Load. Total Maximum Daily Load - The maximum amount of a pollutant to be allowed to be released into a waterbody so as not to impair uses of the water, allocated among the sources of that pollutant. Wastewater - Water that is not stormwater, is contaminated with pollutants and is or will be discarded. 235-3. APPLICABILITY. This law shall apply to all water entering the MS4 generated on any developed and undeveloped lands unless explicitly exempted by an authorized enforcement agency. 235-4. RESPONSIBILITY FOR ADMINISTRATION. The Stormwater Management Officer(s) (SMO(s)) shall administer, implement, and enforce the provisions of this law. Such powers granted or duties imposed upon the authorized enforcement official may be delegated in writing by the SMO as may be authorized by the municipality. 235-5. DISCHARGE PROHIBITIONS. A. Prohibition of Illegal Discharges. No person shall discharge or cause to be discharged into the MS4 any materials other than stormwater except as provided in 235-5A. The commencement, conduct or continuance of any illegal discharge to the MS4 is prohibited except as described as follows: I. The following discharges are exempt from discharge prohibitions established by this local law, unless the Department or the municipality has determined them to be substantial contributors of pollutants: water line flushing or other potable water sources, landscape irrigation or lawn watering, existing diverted stream flows, rising ground water, uncontaminated ground water infiltration to storm drains, uncontaminated pumped ground water, foundation or footing drains, air conditioning condensate, irrigation water, springs,water from individual residential car washing, natural riparian habitat or wetland flows, residential street wash water and water from firefighting activities. Such exempt discharges shall be made in accordance with an appropriate plan for reducing pollutants. 2. Discharges approved in writing by the SMO to protect life or property from imminent harm or damage, provided that, such approval shall not be construed to constitute compliance with other applicable laws and requirements, and further provided that such discharges may be permitted for a specified time period and under such conditions as the SMO may deem appropriate to protect such life and property while reasonably maintaining the purpose and intent of this local law. 3. Dye testing in compliance with applicable state and local laws is an allowable discharge, but requires a verbal notification to the SMO prior to the time of the test. 4. The prohibition shall not apply to any discharge permitted under an SPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the Department, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the MS4. B. Prohibition of Illicit Connections. I. The construction, use, maintenance or continued existence of illicit connections to the MS4 is prohibited. 2. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. 3. A person is considered to be in violation of this local law if the person connects a line conveying sewage to the municipality's MS4, or allows such a connection to continue. 235-6. PROHIBITION AGAINST ACTIVITIES CONTAMINATING STORMWATER A. Activities that are subject to the requirements of this section are those types of activities that: I. Cause or contribute to a violation of the municipality's MS4 SPDES permit. 2. Cause or contribute to the municipality being subject to the Special Conditions as defined in §235-2 (Definitions) of this local law. B. Upon notification to a person that he or she is engaged in activities that cause or contribute to violations of the municipality's MS4 SPDES permit authorization, that person shall take all reasonable actions to correct such activities such that he or she no longer causes or contributes to violations of the municipality's MS4 SPDES permit authorization. 235-7. REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORMWATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES. A. Best Management Practices Where the SMO has identified illicit discharges as defined in §235-2 or activities contaminating stormwater as defined in §235-6 the municipality may require implementation of Best Management Practices (BMPs) to control those illicit discharges and activities. I. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 through the use of structural and non-structural BMPs. 2. Any person responsible for a property or premise,which is, or may be, the source of an illicit discharge as defined in §235-2 or an activity contaminating stormwater as defined in §235-6, may be required to implement, at said person's expense, additional structural and non-structural BMPs to reduce or eliminate the source of pollutant(s) to the MS4. 3. Compliance with all terms and conditions of a valid SPDES permit authorizing the discharge of stormwater associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section. 235-8. SUSPENSION OF ACCESS TO MS4. Illicit Discharges in Emergency Situations. A. The SMO may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, to the health or welfare of persons, or to the MS4. The SMO shall notify the person of such suspension within a reasonable time thereafter in writing of the reasons for the suspension. If the violator fails to comply with a suspension order issued in an emergency, the SMO may take such steps as deemed necessary to prevent or minimize damage to the MS4 or to minimize danger to persons. B. Suspension due to the detection of illicit discharge. Any person discharging to the municipality's MS4 in violation of this law may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The SMO will notify a violator in writing of the proposed termination of its MS4 access and the reasons therefor. The violator may petition the SMO for a reconsideration and hearing. Access may be granted by the SMO if he/she finds that the illicit discharge has ceased and the discharger has taken steps to prevent its recurrence. Access may be denied if the SMO determines in writing that the illicit discharge has not ceased or is likely to recur. A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section, without the prior approval of the SMO. 235- 9. INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES. Any person subject to an industrial or construction activity SPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the municipality prior to the allowing of discharges to the MS4. 235- 10. ACCESS AND MONITORING OF DISCHARGES. A. Applicability. This section applies to all facilities that the SMO must inspect to enforce any provision of this Law, or whenever the authorized enforcement agency has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this Law. B. Access to Facilities. I. The SMO shall be permitted to enter and inspect facilities subject to regulation under this law as often as may be necessary to determine compliance with this Law. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to the SMO. 2. Facility operators shall allow the SMO ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records as may be required to implement this law. 3. The municipality shall have the right to set up on any facility subject to this law such devices as are necessary in the opinion of the SMO to conduct monitoring and/or sampling of the facility's stormwater discharge. 4. The municipality has the right to require the facilities subject to this law to install monitoring equipment as is reasonably necessary to determine compliance with this law. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. 5. Unreasonable delays in allowing the municipality access to a facility subject to this law is a violation of this law. A person who is the operator of a facility subject to this law commits an offense if the person denies the municipality reasonable access to the facility for the purpose of conducting any activity authorized or required by this law. 6. If the SMO has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this law, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this law or any order issued hereunder, then the SMO may seek issuance of a search warrant from any court of competent jurisdiction. 235- 11. NOTIFICATION OF SPILLS. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into the MS4, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, said person shall notify the municipality in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the municipality within three business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. 235- 12. ENFORCEMENT. A. Notice of Violation. When the municipality's SMO finds that a person has violated a prohibition or failed to meet a requirement of this law, he/she may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: 1. The elimination of illicit connections or discharges; 2. That violating discharges, practices, or operations shall cease and desist; 3. The abatement or remediation of stormwater pollution or contamination hazards and the restoration of any affected property; 4. The performance of monitoring, analyses, and reporting; 5. Payment of a fine; and 6. The implementation of source control or treatment BMPs. If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or a contractor and the expense thereof shall be charged to the violator. B. Penalties In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this local law shall be guilty of a violation punishable by a fine not exceeding One Thousand dollars ($1,000.00) or imprisonment for a period not to exceed six (6) months, or both for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five (5)years, punishable by a fine not less than Two Thousand Five Hundred dollars ($2,500.00)nor more than Seven Thousand Five Hundred dollars ($7,500.00) or imprisonment for a period not to exceed six (6) months, or both; and upon conviction for a third or subsequent offense all of which were committed within a period of five (5)years, punishable by a fine not less than Ten Thousand dollars ($10,000.00)nor more than Twenty Thousand dollars ($20,000.00) or imprisonment for a period not to exceed six (6) months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this local law shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations each week's continued violation shall constitute a separate additional violation. 235-13. APPEAL OF NOTICE OF VIOLATION. Any person receiving a Notice of Violation may appeal the determination of the SMO to the Town of Southold within fifteen (15) days of its issuance, which shall hear the appeal within thirty (30) days after the filing of the appeal, and within five (5) days of making its decision, file its decision in the office of the municipal clerk and mail a copy of its decision by certified mail to the discharger. 235-14. CORRECTIVE MEASURES AFTER APPEAL. A. If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within five (5)business days of the decision of the municipal authority upholding the decision of the SMO, then the SMO shall request the owner's permission for access to the subject private property to take any and all measures reasonably necessary to abate the violation and/or restore the property. B. If refused access to the subject private property, the SMO may seek a warrant in a court of competent jurisdiction to be authorized to enter upon the property to determine whether a violation has occurred. Upon determination that a violation has occurred, the SMO may seek a court order to take any and all measures reasonably necessary to abate the violation and/or restore the property. The cost of implementing and maintaining such measures shall be the sole responsibility of the discharger. 235 15. INJUNCTIVE RELIEF. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this law. If a person has violated or continues to violate the provisions of this law, the SMO may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. 235-16. ALTERNATIVE REMEDIES. A. Where a person has violated a provision of this Law, he/she may be eligible for alternative remedies in lieu of a civil penalty, upon recommendation of the Municipal Attorney and concurrence of the Municipal Code Enforcement Officer, where: 1. The violation was unintentional 2. The violator has no history of pervious violations of this Law. 3. Environmental damage was minimal. 4. Violator acted quickly to remedy violation. 5. Violator cooperated in investigation and resolution. B. Alternative remedies may consist of one or more of the following: 1. Attendance at compliance workshops 2. Storm drain stenciling or storm drain marking 3. River, stream or creek cleanup activities 235-17. VIOLATIONS DEEMED A PUBLIC NUISANCE. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this law is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken. 235-18. REMEDIES NOT EXCLUSIVE. The remedies listed in this law are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies. III. SEVERABILITY. The provisions of this law are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this law or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this law. IV. EFFECTIVE DATE This law shall be in full force and effect immediately upon its final adoption and filing with the Secretary of State. All prior laws and parts of law in conflict with this law are hereby repealed. ✓Vote Record-Resolution RES-2024-332 ❑ Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent El Defeated ❑ Tabled Greg Doroski -- ❑ ❑ ❑ El ❑ Withdrawn Brian O.Mealy _- ❑ ❑ ❑ El ❑ Supervisor's Appt Anne H.Smith ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt — ❑ Rescinded Albert J Krupski Jr ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Jill Doherty _- ❑ ❑ ❑ El ❑ Supt Hgwys Appt _- LouisaP.Beans ❑ ❑ ❑ ❑ ❑ No Action — ❑ Lost 2024-333 CATEGORY.• Local Law Public Hearing DEPARTMENT. Town Attorney PH 6118 4:30 Pm -LL Chapter 236 Stormwater Management WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 9th day of April, 202, a Local Law entitled "A Local Law in relation to an Amendment to Chapter 236, Stormwater Management"now therefor be it RESOVLED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall, 53095 Main Road, Southold, New York, on the June 18th day of June,2024 at 4:30 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to an Amendment to Chapter 236, Stormwater Management"which reads as follows: LOCAL LAW NO. 2024 A Local Law entitled, "A Local Law in relation to an Amendment to Chapter 236, Stormwater Management" BE IT ENACTED by the Town Board of the Town of Southold as follows: I PURPOSE To allow the Town of Southold to establish fees by Town Board resolution. IL AMENDMENT § 236-1 Title. This chapter shall be known as the "Stormwater Management; Erosion and Sediment Control; an let Disehafges Law." § 236-2 Statutory authorization/and conflicts with other laws. A. Statutory authorization. This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land use regulations intended to control flooding, erosion or sedimentation within the entire Town. B. Conflict with other laws. In their interpretation and application, the provisions of this chapter shall be minimum requirements adopted for the promotion of the public health, safety and welfare. Whenever the requirements of this chapter are at variance with the requirements of*tee Mate DepaAment ofv rent lc l Cvftsef vatie" SPD , of related laws, the most restrictive or that imposing the highest standards shall govern. ; s thfough eh ges ;„ torso,- tawfe and s 1;„;t... C. Clea ling dtifing eonstndetion tends to ifiefease soil efosion and add to the less f,,,,ti,i o t of t; ,, „ essafy fof to..ost,; and a actuatie habitat,- o „; gfot,,d to feehafge and stfeara base flow; Teter and safety; stefrawatef management and site design will pfoduee development eorapatible with ,t, fal functions of. pa-tiettlaf sit, ettwee z .,tofshe.a and the feby raitig to the a&erse effeets of efesion andedimentation fr-em development; and „h § 236-43 Purpose. It is the purpose of this chapter to promote and protect, to the maximum extent practicable, the public health, safety and general welfare by i-establishing minimum stormwater management requirements and controls.. oftnit fef N The objectives of this chapter are as follows: A. Minimizing soil erosion, sedimentation and stormwater runoff, B. Controlling, restricting or prohibiting activities which alter natural drainage systems, floodplains, stream channels and natural protective features, including, but not limited to, wetlands, bluffs, dunes, beaches, natural protective features, which contribute to the accommodation of floodwaters and retention of sediment; C. Controlling, restricting or prohibiting land use activities which increase nonpoint source pollution due to stormwater runoff and/or which result in discharge onto public lands, neighboring properties or natural protective features; D. Assuring that land and water uses in the Town are designed and/or conducted using best management practices to control flooding, stormwater runoff and minimize stormwater runoff from discharging onto public lands, neighboring properties or natural protective features; E. Promoting the recharge of stormwater into the freshwater aquifer to protect the drinking water supply and minimize saltwater intrusion. amended0 G. Requife !and development aetivities to eeftfeftn to the substanti ftts of the „st.-detief aetit„ties (GP n 10 nnl) and fef st,,.-.,,,: tef diseh.,fges f,,,,, N4S4s amended0 Yee ,a h 1 n maintain i the ;„to t., � t-fe w, vr�arra�trcmirvzrin�er-0 �rrccgrizy--vr3crcarrr uirir s i. Mini * - * - - -es ift pelltAieft ea-used by steftnwatef Pdneff fr-em !and development .tit„ties w hieh would other—wise .ao.t,ade 1. eal z .,tef quality-, i. Minimize the total annual veltime of steftnwatef Pdneff whieh flows fr-em any speeifie site .1,,.ing and following development to the .4e t p etiealli— L. To fegulate the eentfibtAien of pollutants to the N4S4 sinee stieh systems afe not designed to . o �. o pt diseha 0 st.,.-tn .,tef wastes; M. To ohibit illieit aetivit4es a d disehafges to the N4S4; pf-eeedtifes neeessafy to ensttfC-6mplian e with this hapte , �el�eran T4 . § 236-54Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any word or term not noted below shall be used with a meaning as defined in Webster's Third New International Dictionary of the English Language, unabridged (or latest edition). AGRICULTURAL PRODUCTION - The production for commercial purposes of crops, livestock and livestock products, but not land or portions thereof used for processing or retail merchandising of such crops, livestock or livestock products. Land used in agricultural production shall also include fences, equipment storage buildings, livestock barns, irrigation systems and any other structures used exclusively for agricultural purposes. AGRICULTURE - The production, keeping or maintenance, for sale, lease or personal use, of all plants and animals useful to man, including but not limited to forages and sod crops; grains and seed crops; dairy animals and dairy products;poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats or any mutation of hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; fruits of all kinds, including grapes, nuts and berries, vegetables; floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program. ALTER TE HYDROLOGY FROM PRE TO POST DEVELOPMENT T 11D1ViTJ'NT CONDITIONS The post- development peak flow fate(s) has ifiefeased by tnefe than 0 of the pfe developed eenditieft fef the design stem of intefest{e.g., ten-yeaf and efte htmdfed-y-ea . APPLICANT The pefseft, pefsefts of legal entity whieh owns of leases the pfopefty oft whieh the eenstndetien- ifteluding the ability to make medifieatiefts to the plans and speeifieatiefts. BEST MANAGEMENT PRACTICES (BMPs) Schedule of activities,prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the diseh,fge of pelltAarts ,a tly of indifeetly to steffn atef pfee I I I . Faetiees to eent-fel site Pdneff-, spillage of leaks, sludge of watef disposal, of dfainage ftem fa-w materials stefage stormwater runoff, retain valuable topsoil and minimize water pollution. BUILDING - A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and a roof, affording shelter to persons, animals or property. BUILDING INSPECTOR -The persons(s) appointed by the Town Board to enforce the provisions of Southold Code Chapter 280 and this chapter. CHANNEL A natufal of ar-tifieial watefeetifse with a definite bed and banks that eenduets eentintiously of CLEAN FILL -Naturally deposited earthen material from an approved upland borrow source. CLEAN WATER ACT1 The Fedefal Watef PelltAieft Cent-fel Aet(33 U.S.C. § 1251 et seq.) and any subsequent amendments thefete. CLEARING Cutting down, felling, thinning, logging or removing, killing, destroying, poisoning, ringbarking, uprooting, grubbing or burning vegetation, severing, topping or lopping branches, limbs, stems or trunks or substantially damaging or injuring in other ways that would cause or contribute to the death or affect the survivability and growth of vegetation. This definition also includes removal of dead and dying vegetation. COMBINED SEWER D Aseweft'�esigned to celleet and cep e "sewage" and " termite COMMENCE (COMMENCEMENT OF) CONSTRUCTION ACTIVITIES The initial disturbance of soils associated with clearing, grading or excavation activities, or other construction- related activities that disturb or expose soils, such as demolition, stockpiling of fill material, and the initial installation of erosion and sediment control practices as required by the approved Stormwater Management Control Plan required in the SWPPP. CONSTRUCTION The siting, building, erection, extension, or material alteration of any structure, the use of which requires permanent or temporary location on the ground, as well as the installation of any hardened surfaces at or below grade. CONSTRUCTION ACTIVITY Activities involving land disturbance of 5,000 square feet or more, including disturbances of less than 5,000 square feet that are part of a larger common plan of development that will ultimately disturb 5,000 or more square feet of land, excluding routine maintenance activity that is performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility. All construction activities include but are not limited to clearing and grubbing, grading, excavating and demolition. DEDICATION DEP A D TAI ITT The New Y efk State went of Efivifentnental Ceftsefvatieft. DESIGN MANUAL DESIGN PROFESSIONAL New ee DEVELOPER A person who undertakes land development activities. DEVELOPMENT Any man-made change to improved or unimproved real property, including but not limited to any construction activities, the construction of buildings or other structures, creating access to and circulation within the site, clearing of vegetation, grading, providing utilities and other services, parking facilities, drainage systems, methods of sewage disposal and other services, and creating land forms. Development also includes significant alteration of natural resources in preparation for development, such as the dredging or filling of wetlands, ponds or other natural drainage areas. DIRECT DISCHARGE (TO A SPECIFIC SURFACE WATER BODY) That t-daeff flows ftem a eeftstndetieft site by evefland flow and the fifst point of disehafge is the speeifie DISCHARGE To emit, expel,pour, direct or otherwise cause the flow of liquid in a manner other than the natural course of that liquid which existed prior to the disturbance of the natural state of the land upon which it flowed, if any. DRAINAGE SYSTEMS Includes gutters, swales, pipes, conduits and superstructures (e.g., dry wells, sumps, berms, etc.) for the collection and conduction of stormwater to an adequate facility for its storage and disposal. EROSION The wearing away of land as a result of the action of natural forces or man-related activities. EROSION CONTROL MANUAL The most recent version of the "New York Standards and Specifications for Erosion and Sediment Control" manual, commonly known as the 'Blue Book." EROSION, SEDIMENTATION TION AND STORAWATER RUNOFF CONTROL PLAN N shall empley best management pfaetiees. Whefe the natufe of the existing eenditions and pfoposed aetivities waffant, the Building inspeetef may fequife that stieh plan be pfepafed by a design pfefessional lieensed in the State of New Yefk. EXCAVATION The removal, addition, or alteration of soil, sand, or vegetation by digging, dredging, drilling, cutting, scooping, or hollowing out. FILLING The deposition of natural or artificial material so as to modify the surface or subsurface conditions of upland or underwater land. FINAL STABILIZATION That all soil disturbance activities have ceased and a uniform,perennial vegetative cover with a density of 80% over the entire pervious surface has been established, or other equivalent stabilization measures, such as permanent landscape mulches, rock riprap or washed/crushed stone have been applied on all disturbed areas that are not covered by permanent structures, concrete or pavement. GRADING The excavation, filling or alteration of the surface or subsurface conditions of land, lakes, ponds, or watercourses. HAZARDOUS MATERIALS substantial pfesent of potential hazafd to human health, safety, pfope 'LY Emment wheft impfopefly ILLICIT ICIT CONNECTION- sewage, o ,; ILLICIT DISCHARGE Includes but is not limited to discharge of solid waste; human and animal waste; antifreeze, oil, gasoline, grease and all other automotive products; flammable or explosive materials; metals in excess of naturally occurring amounts, whether in liquid or solid form; chemicals not normally found in uncontaminated water; solvents and degreasers; painting products; drain cleaners; commercial and household cleaning materials; pesticides; herbicides; fertilizers; acids; alkalis; ink; steam-cleaning waste; laundry waste; soap; detergent ammonia; chlorine; chlorinated swimming pool or hot tub water; domestic or sanitary sewage; roof structure runoff, animal carcasses; food and food waste; yard waste; dirt; sand; and gravel. r"'^'t diseh,,fges ;,,,hide any difeet o by- the r IMPERVIOUS SURFACE Any surface exposed to stormwater from which water runs off and cannot pass through, including but not limited to structures, paving, paving blocks, bedding material,packed earth, treated surfaces, roof structures, patios, decking, stoops,porches, and accessory structures. INDIVIDUAL A T SEWAGE TREATMENT A T1Vi7i ITT SYSTEM faeili , tha t-r-ea s sewage of othef liquid wastes fef disehafge into the gfetmEtwatefs of New Yefk State, exeept C .,ti Law. INDUSTRIAL T ACTIVITY as amended a fevo.a INDUSTRIAL T STl1DAIW A TTi D PERMIT ;fie on site ,11„t;e „t-fol strategies. INFILTRATION The pfeeess of pefeel.,ting st.,,-ra .,tef into the stths it URISi ICTION A T WETLAND A N suppeft a pfevaleftee of ypieally adapted fof life ift satufated soil eonditions, eoratneftly known as "l.yd phyt; LAND DEVELOPMENT ACTIVITY Construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than 5,000 square feet unless determined otherwise by the Department or the Town of Southold, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules. LANDOWNER The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land. LARGER COMMON PLAN OF DEVELOPMENT OR SALE A contiguous area where multiple separate and distinct construction activities are occurring, or will occur, under one plan. The term "plan" in "larger common plan of development or sale" is broadly defined as any announcement or piece of documentation (including a sign, public notice or hearing, marketing plan, advertisement, drawing,permit application, State Environmental Quality Review Act [SEQRA] application, zoning request, computer design, etc.) or physical demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating that construction activities may occur on a specific plot. MAINTENANCE AGREEMENT A legally feeefded doetiment that aets as a pfopefty deed fest-fietion and whieh pfevides fof long tefra „to,,. ee of st.,,-ra .,to Management p et MUNICIPAL PERMIT Any permit, grant, approval, license, certificate or other authorization issued by the Town of Southold, including but not limited to permits for building, grading, demolition, clearing and excavation and subdivision and site plan approvals. MUNICIPAL SEPARATE STORM SEWER SYSTEM (AIS4) and tl,ef N4S4 „tfol systems): A. Owned of opefated by the T.,z:,,, of Sou„ ol.a state eotmty . vi „ii moo• C. »,n• t a eo ed 0evve.,z"-d n -i-s-z� 2. NATURAL DRAINAGE The stormwater runoff patterns resulting from topographical and geological surface conditions, prior to clearing, regrading or construction. NATURAL PROTECTIVE FEATURE A nearshore area, beach, bluff, dune or wetland and the vegetation thereon. NATURAL WATERCOURSE The route formed by natural processes, topography and geology leading to a natural watershed. NATURAL WATERSHED An area of land which, in its natural state and prior to any man-made change, and due to its topography and geology, drains to a particular location within that area. NONPOINT SOURCE POLLUTION NONSTl1DAIW A TTi D DISCHARGE ONE-HUNDRED-YEAR FLOODPLAIN The land area subject to the highest level of flooding that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year), as said level is shown on the Federal Emergency Management Agency Flood Insurance Rate Maps on file in the Southold Town Building Department. PERVIOUS SURFACE A pervious surface is one that has the ability to be readily penetrated by stormwater or other runoff. Pervious pavement mixtures contain little or no fine particles creating a substantial void content while still maintaining its structure integrity. Aggregate materials typically consist of No. 1 or No. 2 rounded "rocklike" fragments using sufficient approved cementitious materials, paste or bonding agents to permanently fasten aggregate particles together to create a system of highly permeable, interconnected voids that freely drain. Typically, between 15% and 25% of interconnected voids are required for consideration as a pervious pavement. The flow rate of water through pervious surfaces is typically around five gallons per square foot per minute or higher. PHASING Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next. POLLUTANT Dfedged spoil, filtef baek-wash, solid afatef fesidue, t-feated of tmtreated sewage, garbage, sewage standafds. POLLUTANT OF !"l1N!`ERN Sediment of a watef quah'' ient that addfesses sediment(stieh as total suspended solids, tuAidity of pathegefts, phesphefetts, heavy metals of dissolved exygeft that will feeeive a disehafge ftem the !and development PREMISES Any building, lot,parcel of land, or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips. PROJECT Land development activity. must have an tmdefstanding of the pfineiples of hydfology, watef quality management F.aeke design, watef t-r-el design, and, in many eases, the pfineiples of hydfa-ulies in efdef to pfepafe an S3A'-PPP that RECHARGE RESPONSIBLE PARTY Owners and occupants of premises, applicants for municipal permits, and any other person or entity contributing to an act regulated by this chapter. SEDIMENTATION The processes that operate at or near the surface of the ground to deposit soils, debris and other materials either on other ground surfaces or in water channels. SEDIMENT CONTROL Measures that prevent eroded sediment from leaving the site. SENSITIVE AREAS Cold-water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special-concern species. SITE PREPARATION The activities of stripping, clearing, grubbing, excavating, filling, and grading to facilitate construction or other use of the land. STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) GENERAL PERMIT FOR A peftnit tmdef the New Yefk State PelltAant Disehafge Elimination System (SPDES) issued to developefs of „stndetief activities to „late dist,,,-1,. ee of one of tnefe aefes of!and. SPECIAL T !`0NDITr0xTc A. Disehafge eemplianee with watef quality standafds: The eenditieft that applies whefe the Town of Seu�ffield has beeft notified that the disehafge of steftnwatef au�ffiefized tmdef its N4S4 peftnit may have ea-us of has the feaseftable potential to ea-use of eefttribtAe to the vielatieft of an applieable watef quality standafd. U-ndef this eenditieft, the Town must take all fteeessafy aetiefts to enstife futffe disehafges do fiet ea-use of „tfibt to to a vielatieft of z .,tef quality st.,,.a.fds disehafges to a 303(d) listed watef. U-ndef this eenditieft, the steftnwatef management pfegfatn must enstife fie- .- e""e of the listed pellttant of eefteem to the 303( ) listed z .,to, ,tofshe.a into whieh the N4S4 diseb..,fges fef any watef body of wa efshed inte whieh an N4S4 disehafges. U-ndef this eenditieft, the Town must feview th is aehieved. STABILIZATION The use of practices that prevent exposed soil from eroding. STATE POLLUTANT DISCHARGE ELIMINATION SYSTEM (SPDES) „tb..,fiziftg diseb..,fges to the z .,tefs of the state. STOP-WORK ORDER An order issued which requires that all construction activity on a site be stopped. STORMWATER Rainwater, surface runoff, snowmelt and drainage. STORMWATER HOTSPOT A land use or activity that generates higher concentrations of pollutants of concern or toxicants than are found in typical stormwater runoff, based on monitoring studies. STORMWATER MANAGEMENT The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment. STORMWATER MANAGEMENT CONTROL PLAN The plan required by the Town to comply with the provisions of this chapter. For the purposes of this chapter, a stormwater pollution prevention plan, when required by the Department's regulations, will qualify as a stormwater management control plan. STORAVWATER MANAGEMENT Ti A CI UV STORAIWATER MANAGEMENT OFFICER (SAI An emplevee of offieef desi�4nated b , the Town to . t .,,,.a st.,,-,v,w.,tef t „t „trel plans .,n steftnwatef 1„tio i3fevention plans, forward tl.0 plans to the . lie ble ,, STORAIWATER POLLUTION PREVENTION PLAN (SWPPP) STORMWATER RUNOFF That part of stormwater that flows over the land surface. SPDES GENERAL PERMIT FOR STORA4NVATER DISCHARGES FROM MUNICIPAL SEPARATE STORA4[V A TT`r D SEWER SYSTEMS GP n 10 002 A peftnit tmdef the New Yefk State PelltAant Disehafge Elimination System (SPDES) issued to tntmieipalities STRIPPING The process of mechanically scraping away topsoil. STRUCTURE Any object constructed, erected, installed or placed on land or in water, including buildings, sheds, mobile homes, tanks, bulkheads, piers and docks and any additions or alterations thereto. SURFACE!''T! WATERS TT`r D S OF T77T`r STATE OF NEW YORK bays, setmds, pends, > spfings, wells, > > efeeks, estuafies, wetlands, bodies of suffaee watef, natufal of aftifieial, ifiland of eeastal, fresh of salt, publie of pfivate (exeept these the state. This exeltisieft applies eftly to man made bodies of watef whieh fteithef wefe efiginally efeated ift watefs of the state (stieh as a disposal afea ift wetlands) fief festilted ftem impetmdment of watefs of the state. TEMPORARY STABILIZATION That exposed soil has been covered with material(s) as set forth in the technical standard, New York Standards and Specifications for Erosion and Sediment Control, to prevent the exposed soil from eroding. The materials can include, but are not limited to, mulch, seed and mulch, and erosion control mats (e.g.,jute twisted yarn, excelsior wood fiber mats). 303(d) LIST A list of all suffaee watefs in the state fef whieh benefieial uses of the watef(drinking, .—eatiet., aquatle Seetion 303(d) of the Clean Alatef Aet. Seetion 303(d) listed watefs are estuafies, bays, efeeks, lakes and stfeams that fall sheft of state suffaee watef quality standafds and afe not expeeted to impfeve within the next two yeafs. TOPSOIL The uppermost layer of soil, usually the top 15 to 20 centimeters, it having the highest concentration of organic matter and microorganisms, and where most of the Earth's biological soil activity occurs. TOTAL MAXIMUM DAILY LOAD (TINIDL) A TN4DL is the stim of the allowable leads of a single pelltAant ftem all eefitfibtitifig Point and fie setifees. it is a ealettlatieft of the in * - Jtmt of a pelltAant that a watef body ean feeeive oft a daily basis setifees, TRAINED TOTED CONTRACTOR CTO ,th zz�A cT�zz�A Tin WATERCOURSE A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water. WATER QUALITY STANDARD pfetntilgated if 6 T.Tvrvv Paft inn of WATERWAY § 236-65 Applicability and prohibitions. This chapter shall apply and a Stormwater Management Control Plan shall be a condition to all pfopefty building permits issued which include any of the restricted activities identified at� 236-10 herein withifr the T.,w,, f S „ffi l a; and shall govern: A. n pplieabilit., (4)A All grading, drainage and erosion control, ,:hethe f of rep; (2)B All new or replaced impervious surface and all land development activities,, whethef (3)C. All discharges directly or indirectly to a highway or public right-of-way, public drainage control system, neighboring property, wetland or public waterway; and (4f. All new and existing land uses within the Town. explieitly this ..haptef and identified C3x7DDD feqttifedby this ..1..,,.to, the Tlopa ftment endangefed of tb.fe tene 00s of its itieal habitat(5) Disehafges whieh eithef ea-use of eontr-ibiite to a violation of watef quality sta-ndafds adopted pufstlant to tnefe aefes of!and with [Otis e ef and whefe the soil slope phase is identified as an E of F oft the USDA soil sttfvey fef Suffolk Coffa�. of tnefe aefes of!and with fie existift., ..--s eovef and whefe the soil slope phase is identified as an E of F oft the USDA soil sttfvey fef Suffolk Coffa�. (8) Land developme.4 --at advefsely affeet a pfope fty that is listed of is eligible fef listing oft the State of National egiste. -Plistefie Plaees, unless the., a., ...ittett agfeemen s in plaee with the New Yefk §236-6 Discharges All discharges within the Town are subiect to this subtitle unless explicitly exempted. Conduct exempted from this subtitle include activities necessary for the conduct of agricultural uses in connection with a bona fide agricultural operation. All !and development aetivities shall be subjeet to the following peffemanee and desi,.. A. All !and distur-bi.-., Of the addition of feplaeetnefit of impefvietts stiffaees shall pfevide eoftstndeted ift aeeefda-nee with these teehftieal doetiments shall be pfestitned to meet the sta-ndafds imposed hefeift: (1) The New Yefk State Steftnwatef Management Design Manual (New Yefk State DepaAffiefit of ift P 236 7><2 and the C3x7DDD shall be pfepafed by ., design efessiefi,t D. Watef "ality sta-ndafds. Afty !and devel ' I. ity shall fiet ea-use of eent-r-ibiite to a violation of Rales and Regulations of the State of Leh (1) Thefe shall be fie t-1jr-bbidity thftt will festilt ift substantial visible eent-r-ast to fiatufal eefiditiefts wee waters of the State fNew Yefl,. (2) Thefe shall be fie uspefided, eelloidal of settleable solids thftt will ea-use deposition of impaif the watefs fef their best usages;-� 236-7 Prohibited Discharges. The following discharges are prohibited: A. Discharges to public highways and rights-of-way. B. Discharges to tidal and freshwater wetlands,bluffs, dunes,beaches and other natural protective features as defined in Chapter 275 of this Town Code. C. Discharges from private properties to adioinin2 properties, without express permission. D. Discharges to public drainage control systems and networks,without express permission. E. Discharges of illicit liquids to any of the areas listed above and any other area within the Town, except in accordance with facilities approved for the handling of such materials by the Town, County and/or State. The Town Beafd shall designate Stofmwatef Management Offieefs by feseltAieft. The Steftnwatef Managem Offieefs shall have the following au�ffiofity: appfev.,l of ,l b.,.,,-.a C. Aeeept the eeftifieatieft of a qualified pfefessiefial that the plans eefifem to the fequifetnefits of this ehaptef. 236-8. Requirements for all Stormwater Discharges. For all stormwater discharges, responsible parties shall implement and maintain operational source controls to include but not be limited to: A. Installation of drainage control structures to contain and recharge all run-off generated by development. B. Maintaining private roads, streets, driveways, parking lots and walkways. C. Identifying and eliminating unauthorized connections to Town Drainage Control Systems and Public Right-of-Ways. D. Maintaining and protecting Natural Drainage patterns. E. Maintaining and protecting Natural Watersheds. Systems of t-r-eatmefit and eent-r-ol (and felated apptwtefia-nees) whieh afe installed of used by the applieant to aehieve eemplianee with the fe"ifements of this ehaptef. Sediment shall be femoved fr-em any sediment traps-- (2) Fef !and development ettivittie�- -As d—pi—ld, it.Aftiele M, §236 19, the applieant shall have a quali iees evefy s ven days. inspeetion fep-ofts shall be maintained in a site log book. �e shall be on site at all times when eonstndetion of gfading aetivity takes plaee and shall inspeet a .a.,elffi,o„t tb.o effeetiyeness of all efesion and sediment „t,-ol p ..tiees steftnwatef management faeility. The easement shall pfevide fef aeeess to the faeility at feasonable times fef 1--madit.i-ma we meet design sta-ndafds and any othef !tablished by this ehaptef. The easement shall be deteftnine that the wefk has been eempleted in aeeofdanee with stieh plan. The plan may be modified by muti agfeement if-, "fing of aftef installation, the Steftnwatef Management Offieef deems that the installed meastifes afe not adequate to meet the peffeftnanee sta-ndafds of if alteffiatives would bettef fneet the Code if no agfeement is feaehed, the Steffnwatef Management Offieef may fequife the submission jef to maintain eemplianee with this ehaptef. installed in aeeofdanee with At4iele M of this ehaptef shall enstife they afe opefated and maintai:fied t.1-1 _Aehie'i the goals of this ehaptef. Pfopef opefation and maintenanee also ineludes, at a minitntim, the fell-.*..�'. this ..hapto r sta-ndafd violations in aeeofdanee with Aftiele 1 of this ehaptef, § 236 7D Watef quality • exe ation of development of!and invielation of this ehaptef shall be eeffeeted fefffiwith affte. itette-e- by the Steftnwatef Management Offieef. in the event that eofr-eetive aetion is not taken as difeeted within a feasonable time, the Town may, at its own expense, take eoneeti,e aetion to festefe 11 ie pfopefty of initiate le94 tmau�ffiofized aetivity. The eest of festefation shall beeeme a lien upon the pfopefty upon whieh stieh tmlawfidl .tiyi oeetiffed. to f;,,.,1 plan . .,1 236-9. Requirements for all Land Disturbing Activities or Impervious Surfaces. All land disturbing activities or addition or replacement of impervious surfaces shall provide temporary and permanent construction controls, and shall be required to contain a 2" rain fall on site, even where a Stormwater Management Control Plan is not required under this Chapter. All applicants for municipal permits shall demonstrate to the satisfaction of the Building Inspector that the proposed activities can meet this standard, either by the installation of;utters, leaders, drywells or other measures, prior to the issuance of such a municipal permit. The followi.-,, shall be exempt fr-em feview tmdef this ehaptef tmiess the Department of Town SN40 ,tefs of the state dife..tly of tb..-.,,,gh otb.ef MS4s- B. Routine maintenanee aetivities that distuA less than 5,000 sqttafe feet and are peffeftned to maintain the Management Offieef. D. Any paft of a subdivision foad and drainage plan if a plat fef the subdivision has been appfeved by the Town of Sou�ffiold Planning Boafd and eonstndeted on of befefe the effeetive date of this ehaptef. F. individual eetne'-. t 'es in ., developedpfeem;sting eemetefy, poles.G. installatie offe-n-ee-, sign, telephone, and eleet-r-ie poles and othef kinds of posts of . i. Aettiv4ies of an individual engaging in home gardening by gfewing flowefs, vegetables and othef plants loss than 5,000 s e foot f!and. , obtained.any !a-nds of watef beyond the botmdar-ies of the Aved. Following stieh an etnef- oft, howevef, any appfevals fequifed by this ehaptef shall be , vegetation shall be used as a stabilizef and methed of filtefifig and slowing steftnwatef flow fr-om foad stiffaees. gf ,,,a.. to 236-10. Activities Requiring a Stormwater Mannement Control Plan. A. None of the following activities shall be undertaken until a Stormwater Management Control Plan has been approved under the provisions of this local law. 1. Grading or stripping which affects more than five thousand (5,000) square feet of ground surface. 2. Excavation or filling involving more than two hundred (200) cubic yards of material within any parcel or any contiguous area. 3. Site preparation on slopes which exceed ten (10) feet of vertical rise to one hundred (100) feet of horizontal distance. 4. Site preparation within one hundred (100) feet of wetlands,beach,bluff or coastal erosion hazard area. 5. Site preparation within the one hundred (100) year floodplain of any watercourse. 6. Installation of new or resurfaced impervious surfaces of 1,000 square feet or more, unless prior approval of a stormwater management control plan was received by the Town and the proposal includes in-kind replacement of impervious surfaces. B. The following activities shall be exempted from such review: 1. Minor clearing or excavation work not incident to a substantial change in the existing use of the land,which may be reasonably expected not to contribute to any additional on-site generated runoff or degradation of any lands or water beyond the boundaries of the property involved. 2. Emer2ency repairs on public or private obiects, necessary for the preservation of life, health or property, or taken to implement and accomplish the beneficial purpose of this local law as set forth herein under such circumstances where it would be impracticable to obtain approval prior to making such emer2ency repairs. Following such an emer2ency situation, however, any approvals required by this local law shall be obtained. 3. Routine maintenance or repair work on public or private roads or utility line rights-of-way where interim and permanent stormwater runoff control measures will be undertaken. To the maximum extent practicable, vegetation shall be used as a stabilizer and method of filtering and slowing stormwater flow from road surfaces. 4. Pervious structures, e.2., open decks, where the removal of topsoil allows for the recharge of groundwater. Plans appfeved by the Building hisp anetieft with the issuanee of a building peftnit with an appfeved steftnwatef management eent-r-ol plan afe binding as against futffe ptifehasefs, ganting the Town two eemefs of the fetmdation of the pfineipal stndettife of othef fixed loeations shall be submitted to the be- filed with the Coff,� Clefk as a nditio f appfeval. 236-11. Compliance. Where a Stormwater Management Control Plan is required by this Local Law, all development, construction, excavation and landscaping activities shall be conducted in accordance with an approved Stormwater Management Control Plan and all other requirements of this local law. iftelude the pfevietisly appfeved plan, togethef with all amendments noted thefeift. The SN40 shall deteffnifle eemplianee with this ehaptef as of the date of submission thefeef. eent-r-ol plan, the SN40 tntist make a finding thftt all sta-ndafds afe satisfied and may impose stieh feaseftable eenneetion with its appfeval of the pfoposed amendment. C. The applieant must keep the S3A'PPP ettfrent so that it at all times aeetifately doetiments the efesion and sediment eent-r-ol pfaetiees that afe being used of will be used dijfing eonstndetion and all post eonstndetion steftnwatef management pfaetiees that will be eonstndeted on the site. At a minitnum, the applieant shall amend the S3A'PPP• disehafges f,,,,, the site,• have an effect on the disehafge of pe I � went the Town, of othei tc to , •,�crcrffi*c' wfitteft fietifieatieft to the Town that the ehanges have been made. if the applieant does fiet fespend to the 236-12. Application Process. A. Any applicant for a municipal permit to conduct a development, construction or excavation activity within the Town of Southold shall complete a Stormwater Assessment Form to assist in determining compliance with this local law. Applicants that meet the threshold set forth above shall also submit a Stormwater Management Control Plan to the Building Inspector. B. No municipal permit that shall be issued for activities requiring a Stormwater Management Control Plan, nor shall any application therefor be deemed complete, until the Building Inspector has first issued its approval of the Stormwater Management Control Plan. C. Such plan may contain the following elements,which may be integrated into a site plan or subdivision plat submitted for approval pursuant to applicable Town law: 1. A vicinity map drawn to a scale of not less than two thousand (2,000) feet to one (1)inch showing the relationship of the site to its general surroundings. 2. A plan of the site drawn to a scale of not less than one hundred(100) feet to the inch showing the location and description of property boundaries, site acreage, existing natural and man-made features on and within five hundred (500) feet of the site boundary,including roads, structures, water sources, drainage structures, utilities, topography including existing contours with intervals of not more than five (5) feet where the slope is ten percent or treater and not more than two (2) feet where the slope is less than ten percent, soil characteristics, location of wooded areas, the depth to seasonal high watertable and a copy of the Soil Conservation District soil survey where available. 3. Location and description of proposed changes to the site and existing development on the site,which includes: a) all excavation, filling, stripping and 2radin2 proposed to be undertaken,identified as to the depth, volume, and nature of the materials involved; b) all areas requiring clearing, identified as to the nature of vegetation affected; c) all areas where topsoil is to be removed and stockpiled and where topsoil is to be ultimately placed; d) all temporary and permanent vegetation to be placed on the site, identified as to planting type, size, and extent; e) all temporary and permanent stormwater runoff control measures including soil stabilization techniques and stormwater drainage and storage systems including ponds, recharge and sediment basins (identified as to the type of facility, the materials from which it is constructed, its dimensions, and its capacity in cubic feet); f) the anticipated pattern of surface drainage during periods of peak runoff, upon completion of site preparation and construction activities, identified as to rate and direction of flow at all maior points within the drainage system; g) the location of all roads, driveways, sidewalks, structures, utilities, and other improvements; and h) the final contours of the site at intervals of no treater than two (2) feet. 4. A schedule of the sequence of installation of planned soil erosion, sedimentation and stormwater runoff control measures as related to the progress of the proiect including anticipated starting and completion dates. n ftiele 1 Requirements for All Stormwnter Disehnrges B. Mai ate a ate streets, .afiyew.ys, par-k4fig lots and walk-ways. C. identifying and eliminating tmau�ffiofized eefifteetiefts to Town df 31 systems and publie fights of E. Maintaining and pfeteetifig fiatij a! watefshe&. to adjaeefit. 236-13. Performance Standards for Approval of a Stormwater Mannement Control Plan. A. The site erosion, sedimentation and stormwater runoff control measures shall be appropriate for existing topo2raphy, vegetation and other salient natural features of the site. The plan shall indicate that the development will preserve natural features, minimize 2radin2 and cut and fill operations, ensure conformity with natural topo2raphy, and retain natural vegetation and trees to the maximum extent practicable in order to create the least erosion potential and handle adequately the volume and rate or velocity, of surface water runoff. B. Site 2radin2, excavation and filling shall minimize destruction of natural vegetation, the potential for erosion, sedimentation and stormwater runoff and the threat to the health, safety and welfare of nei2hborin2 property owners and the ;general public. C. Erosion, sedimentation and stormwater runoff shall be controlled prior to, during, and after site preparation and construction. During 2radin2 operations, appropriate measures for dust control shall be undertaken. D. Areas exposed by site preparation shall be protected during site construction with hay bales, temporary vegetation and/or mulching to meet the requirements of the approved Stormwater Management Control Plan in effect. E. Natural drainage patterns shall be protected and incorporated into site design. Where natural drainage patterns are demonstrated to be adversely affecting a beach or wetland, drainage patterns may be altered in a manner which reduces the threat to such beach or wetland and does not create other flooding or erosion problems. F. Site preparation,including stripping of vegetative cover and 2radin2, shall be undertaken so that no individual building site is stripped of its vegetation cover more than thirty (30) days prior to commencement of construction. Soils exposed or disturbed by site preparation shall remain so for the shortest practical period of time during site clearing, construction and restoration. G. Disturbed soils shall be stabilized and reve2etated or seeded as soon as practicable. During the interim, erosion protection measures such as temporary vegetation, retention ponds, recharge basins,bermin2, silt traps and mulching shall be used to ensure that sedimentation is minimized and mitigated. H. In no case shall stormwater be diverted to another property either during site preparation or after development. In appropriate cases, with the approval of the Superintendent of Highways, drainage control measures may be implemented in the right of way attendant to an adiacent Town highway, at the applicant's expense. L During the construction period, disposal of stormwater runoff generated by development activity shall be handled on-site. Baling, mulching, debris basins, silt traps, use of fibrous cover materials or similar measures shall be used to contain soil erosion on the site. J. All proiects, regardless of the area of groundwater removal and/or 2radin2, shall retain a natural vegetative buffer zone alone waterbodies, including wetlands and marshes, if one is imposed by the Board of Trustees. If necessary, other forms of erosion control measures will also be included. K Natural land features such as shallow depressions shall be used,wherever possible, to collect stormwater on-site for recharge. L. Site designs shall minimize impermeable paving. M. Stormwater runoff shall not be directly discharged to surface waters, marshes and wetlands. Stormwater pollutants shall not be discharged directly into a wetland,but shall be attenuated by using holding ponds, sedimentation basins, perimeter bermin2, vegetated buffer areas and other measures that reduce flow velocity and increase storage time. Pollutants shall not be discharged into wetlands. In addition, any filtering devices constructed as part of the drainage system must be adequately maintained in order to function properly. N. All wetland vegetation shall be maintained. Dredtin2 and site construction should not disturb wetlands either by direct removal of vegetation or substrate, or by the alteration of adjacent slopes that would undermine the stability of the substrate unless permission is obtained from the Board of Trustees. Grading equipment shall not be allowed to enter into or cross any watercourse or wetland. O. Subsurface sediments shall be maintained to provide structural support for the soils of the wetlands. P. The elevation of a wetland shall not be altered. O. No vegetation required by any agency as a buffer to a natural protective feature shall be disturbed by 2radin2, erosion, sedimentation, or direct removal of vegetation. R. Fill shall not encroach on natural watercourses, constructed channels,wetlands, or floodway areas. All fill shall be compacted at a final angle of repose which provides stability for the material, minimizes erosion and prevents settlement. S. Trails and walking paths alone waterbodies shall be sited and constructed so they are not a source of sediment subiect to the approval of the Board of Trustees. T. The amount and velocity of runoff from a site after development shall approximate its predevelopment characteristics. However, if the site is adiacent to coastal waters, storm water shall be contained on-site, to the maximum extent practicable, to prevent direct discharge of runoff to coastal waters. U. Natural flood plains and maior drainage swales shall not be altered or disturbed in a manner which decreases their ability to accommodate and channel stormwater runoff and flood waters. If no practicable alternative to the location of development, roadway, driveways, and similar surfaces within these areas exists, such facilities shall be sited and constructed to minimize and mitigate the amount and velocity of stormwater entering the channel, floodplain or swale and to approximate the original functions of the undisturbed condition. V. No land having a slope equal to or treater than twenty (20) percent shall be developed or disturbed except for conservation measures or measures intended to remove debris which inhibits the functioning of the swale, except accessways to shorelines approved by the Board of Trustees shall be permitted. Natural vegetation and topo2raphy shall be retained to stabilize soils and reduce the volume of stormwater overflow. W. On lands having slopes of less than twenty(20) percent, but composed of highly erodible soils, development proposals shall include consideration of the load-bearing capacity of the soils. Unless it can be demonstrated that the soils can be stabilized with a minimum of on-site disturbance and no adverse impacts to the stability of nei2hborin2 properties, the development proposal shall not be approved as submitted. X. All permanent(final)vegetation and mechanical erosion control measures called for in approved plans shall be installed within the time limits specified by the Building Inspector, and no later than the expiration of the municipal permit issued therewith. to the satisfaetion of the SN40 that the pfoposed aetivities ean meet this sta-ndafd, eithef by the installation of- None of the following aetivities shall be tmdeftaken tmtil an appfeval of the SN40 has been issued tmdef the sions f this ,.hapto, C. Site. . )n slopes whieh exeeed 10 feet of veftieal fise to 100 feet of hofizontal distanee. B. Exea-vation of filling involving tnefe than 200 etthie yafds of matefial within any pafeel of any of a stoftnwatef management eofit-r-ol plan waass _veeeived by the Town and the pfoposal ifteltides ift kind 236-14. Appeals Appeals from the requirements herein may be considered by the Board of Zoning Appeals upon the showing of an undue hardship. B. Whefe a subdivision plat of site plan appfoval has beeft obtained and dfaifiage has beeft addfessed to 4ie- all development oft ifidivi"al lots ift an appfoved subdivision shall femaift subjeet to these fe"ifements Oft a 236-15. Inspection, Restoration, Certificate of Occupancy and Fines. A. Inspection Inspection for soil erosion, sedimentation, and runoff control plan compliance shall be conducted by the Building Inspector to determine that the work has been completed in accordance with such plan. The plan may be modified by mutual agreement if, during or after installation, the Building Inspector deems that the installed measures are not adequate to meet the performance standards or if alternatives would better meet the Code requirements. If no agreement is reached, the Building Inspector may require the submission of a modified plan in order to maintain compliance with this local law. B. Restoration. Any clearing, excavation or development of land in violation of this local law shall be corrected forthwith after written notice by the Building Inspector. In the event that corrective action is not taken as directed within a reasonable time, the Town may, at its own expense, take corrective action to restore the property or initiate legal action to prevent unlawful or unauthorized activity. The cost of restoration shall become a lien upon the property upon which such unlawful activity occurred. C Certificate of Occupancy. No certificate of occupancy shall be issued by the Building Inspector until all work required to be completed pursuant to the plan has been satisfactorily done. D Fines. Any responsible party undertaking clearing, excavation or development of land in violation of this local law, or falsifying information in connection with the requirements of this Local Law, upon conviction, shall be guilty of a misdemeanor, punishable by a fine of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000). Such person shall be deemed guilty of a separate offense for each day during which a violation of this local law is committed or continues. E. Enforcement. The Director of Code Enforcement and/or the Building Inspector are responsible for enforcement of the provisions of this Chapter, and have the authority to issue violations of this Chapter. The Town Attorney shall be responsible for prosecution of any such violations. In addition to the above-provided fines, the Town Board may authorize an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this Chapter. asses -m—ent.Le-nmn to assist ift deteftniftifig eemplianee with this ehaptef. Applieants that meet the thfeshold set fefffi above and fe"ife a steftnwatef management eent-fol appfeval shall also Submit a steftnwatef managetne appfeval shall be issued fef aetivities fe"ir-ifig a Steftnwatef Management Cont-fol appfeval, fief shall any management eent-fol plan, C. Stieh plan shall eentaift the following elements whefe fe"ifed by the SMO, whieh may be ifitegfated- into a site plan of subdivision plat submitted fef appfeval ptifstiant to applieable Town !a-w: (1) A geflefal leeatieft map dfa-wft to a seale of fiet less than 2,000 feet to ofte ifteh showing the felatiefiship of the site t its g f l s ,,difi s. .� .� y . • y • � y � IN M, \.MINIM • • • 01 y . y . y y . • S3A'PPP as set fefffi in § 236 20C(I) of this ehapter-whieh ineltides only erosion and Sediment eentrels. (1) Constndetion aetivities that involve soil distur-banee of one or-mor-e aer-es of!and btA less than five aer- (a) Single family residential subdivisions with twenty five per-eent or- less impe at total site build otA; (b) Constndetion of a bam or-other-agiettittir-al building, silo, steekyar-d or-pen; and (e) Single family homes that do not meet any of the thr-esholds set fefffi in § 236 (2) The following eonstndetion aetivities that involve soil distur-banees of one or-mor-e aer-es of!and: (a) installation of tmder-gr-otmd, linear-tAilities, stieh as gas lines, fiber- optie eable, eable TNI, eleet-r-ie, telephone, s and water-tna-ifF-1 (e) Slope stabillizatl-6 I—I eh ..to sti ) Spoil will b tb. t t � areas ��-irr-v�C-6�efi� 'cgccutt6ir (h) Land elear-ing and gr-ading for-the pur-p-eses. -A-f open spaee (i.e., r-eer-eational par-ks, !a-wns, meadows, fields), exeluding pr-ejeets that alter-hydrology fr-em pr-e to post development eenditions; and do not alter-hydrology f.,,,, p0 to post development nditions• Stndettir-al pr-aetiees as it. Table 11 in the 0) Demolition pr-ejeet where vegetation will be established and no r-edevelopment is planned; (k) Over-head eleet-r-ie t-r-anstnission line pr-ejeet that does not ineitide the e0fistndetion of per-manent aeeess n Agiettittir-al Management Pr-aetiees Catalog exeluding pr-ejeets that involve soil distur-banees of less than dir-eetly or-indir-eetly via an MS4, and that tneet any one of the below thresholds, shall also ineltide water- (1) Ster-tnwater-runoff fr-otn !and development aetivities disehar-ging a pollutant of to eithef an . . ir-ed water- identified on the New York State DepaAment of Envir-entne 1 Consefvation's Seetion 303(d) list of impair-ed waters or-a total ma-xitntim daily lead (TN4DL) designated water-shed for-whieh pollutants in ste-w„: to,-have been identified setir-eef th ; L. (3) Ster-tnwater-runoff fr-otn !and development aetivity distur-bing between one aer-e and five aer-es of!and single family residential subdivisions with less than(2) Ster-tnwater-runoff fr-otn !and development aetivities distur-bing five or-tner-e ae imp r at total site build otA and- eonstndetion activities .,t . „lt,ifal p o,ties A. Any applieant for-an aetivW, at r-equir-es approval of the SN40 for- !and development aetivi ies within the Town of Sou�ffiold that tne t. thresholds set fefffi in § 236 19 shail eemply with the New York 001), as amended, and eemplete a ster-tnwater- assessment for-m to assist in deter-minin- with tht*�- submitted to the Building Tlo,..,.tmefa (1) The C3x7DDD shall ;z„reltidet the fool ,w ing (a) All ; ation feqttif2dlid§w 1'7C eith;s C-zapt st. .,tef di eh os ic3oufees. At a tninitntim, the suppefting doetiair2ii ation shall ineltide a pfe efty (histefie of afehaeologieal fesetifee) that is listed of eligible fof listing on the State of Nati histefie plaees listed, of eligible fof listing, on the State of National Registef of Histefie Plaees and afeas of afehaeologieal sensitivity that may indieate the need fof a sttfvey ean be obtained online by viewing the New fof listing, on the State of National Registef of Histefie Plaees. I. .e applieant fails to desefibe and implem [1] infeftnation on whethef the steftnwatef disehafge of !and devele. ties would have an effeet on Iu ,e, identifieation of any elements of the design that afe not ift eefifeftnanee with the Design Mani the- deviation . .,lto,-.,.,tiye design i equivalent to the teel.,,ieal st.,,.1.,fds; „t,-ol system-, ,..t,.ia from the Design Mantial, ifteltidifig the identifieatieft of andjustifieatieft fof any deviations from the Design Mantial, and idefitifieatieft of any design efitefia that Fed based on the design efitefia of (g) A detailed stimmafy (ifteltidifig ealettlatiefts) of the si-ii... that wefe used to design all post shall identify the entity that will be fesponsible fof the long 3ft and mainteftanee of eaeh pfaetiee. (2) Fof eefistndetieft aetivities that meet any of the thfesholds ift § 236 19B, these additional post eeiistndet-i-eit st6>tnwat eent-r-els shall be ifteltided ;,, the c3x»PP: 1Illipil 4 i e I .. y y y . \ (3)A eeiifteeti6ii of eefiit@Ettonssto a se 3zafate st6Itnwatef se of syste 1 (4) Liquid i level in the setiEtank above the outlet Hiveft. (5) Stndetmfal fi-ailtife of any eemponent of the indivi"al sewage tfeatment system that eetild lead to any ef- the othe f fail„ro n itions as noted in this seetion, B. Any failing indivi"al sewage system shall be fetnedied to the satisfaetion of the SN40. (1) Cause of eentfibttteto a violation of the .v.tmie.,. s MS4 SPDES p2ffnit. Definitions,ns of this i haptef Management of pet waste of any othef aetivity that ea-uses of eent-r-ibtAes to violations of the B. Stieh aetivities ineltide failing indivi"al sewage treatment systems as defined in § 236 26, impfopef CPDES p mitof the C. Upon notifieation to a pefson that he of she is engaged in aetivities that ea-use of eent-r-ibtAe to violations 1 stieh aetivities stieh that he of she no longef ea-uses of eontribtAes to violations of the 1 CPDES p mit Prevention, A. Best management pfaetiees. Whefe the SN40 has identified illieit disehafges as defined in § 236 5 of the tise of ntr et rnl and r ntr et rnl BN4Ps implement, at said 1 setifee of poll„tn„t/nl to the T\ S4 steftnwatef asseeiated with ift"st-r-ial aetivity, to the extent pfaetieable, shall be deemed eemplianee with the sions of this seetion. tntmi 1 ifidivi"al sewage t-r-eatment systems shall be fequifed to eemply with the applieable ndles and fegulations o sisteftey with the below fequifemen and the Suffolk County DepaAment of Health Sefviees ndles „lotions the tnefe ontr; t;t,o r fement shall apply. (1)Mir'rir opPf-ate iiittYti�-Ujal sewage CrGaLI entsysteiiiJZs as (a) inspeet the septie tank annually to deteftnifte setim and sludge aeetimulation. Septie tanks must be of the top of t-h.e sludge is within 10 iftehes of the bettem of the otAlet baffle of sanitafy t (b) Avoid tl,o, o of septie tankz'dditives (e) Avoid the disposal of exeessi of detefgefits, kiteheft wastes, latmdfy wastes, and hotisehekl- eheii3teals; an-d (d) Avoid the disposal of eigar-ette btA4s, disposable diapefs, sanitafy napkins, trash and othef stieh �„� items. (2Repaif of f`plae-e IiiEiEi"al sewz'igt-r-ei ent systems aszfolvllows NOW, 11111111111211mill"Mill! lip. 11 IM Ill WA . . \ IM Ill WA Al Al . y he/she is able to demonst-r-ate pfebable ea-use to believe that thefe may be avielation of this ehaptef of that thefe is a need to inspeet andlof sample as paft of a fetAine inspeetion and sampling pfogfam designed tovefif�- eemplianee with this ehaptef of any efdef issued hefetmdef, then the SN40 may seek issuanee of a seafeh MS4, said pefson shall take all neeessafy steps to enstife the diseevefy, eentamment, and eleanup of stieh felease. in the event of stieh a felease of hazafdotis matefials, said pefson shall immediately notify etnefgeney matefials, said pefson shall notify the tntmieipality in pefson of by telephone of faesimile no latef than the H business day. Notifieati it of by telephone shall be eonfiftned by wfitten notiee addfessed and mail emanates fr-om a eenitnefeial of in"st-r-ial establishment, the ownef of opefatef of stieh establishment shall shall be fetaine.a fee .,t least th fee. enfefeement of the pfevisions of this ehaptef and have the ati�ffiofity to issue violations of this ehaptef. The Town Attemey shall be fesponsible fef pfoseetAien of any stieh violations. in addition to the above pfevided fines, the Town Boafd may ati�ffiofize an aetion of pfeeeeding in the name of the Town in a eetift of eempetent, that peftion of the wefk eempleted of notify the applieant whefein the wefk fails to eemply with the- following zeq he cyan• � (, installation sediment and efos-i-on eentr-el tneast> ( tat of site ele g; (3) Staft of fettgh (4) Staf of ceftstnd Iie r (5) Close of thecentndet-ienseasen-, �� etion of final !andseaping; an (`` �'tt,�eees� 7) S sffil establishment of!andseaping ift publieafeaa-. event that eeffeetive aetion is not taken as difeeted within a feasonable time, the Town may, A Is own B. Restefation. Any eleafing, exea-vation of development of!and ift violation of this ehaptef shall be offense,C. Ceftifieate of oeetipaney. No eeftifieate of oeeupaney shall be issued by the Building inspeetof tmtil all pefson tmdeftaking eleaf on of development of!and in violation of this ehaptef, of falsifying ififeffnation :m-r-tiAn with the fequifetnefits of this ehaptef, tion, shall be guilty of an . hable by a fine of not less than $500 and not tnefe than $2,000. Sueh pefson shall be deemed guilty of a Violations of A f fiele A of this ehaptef . „bjeet to the A Notiee of violation. (1) When the Offiee of Code Enfefeement of Building inspeetof finds that any fesponsible pafty, ownef, oeeupant, buildef, afehiteet, eentfaetof of theif agents of any othef pefson has violated a pfohibition of failed to- violation- tothe fe sible�ersett �tr eq��ithotA ifunita tre (a) The ektninati-e Te of disehifges, any ff eeted r pe-t,• The effeftnaflee of mon ter-ri}g, analyses, (e) Payment of a fine; an (f) The implementation of sotifee ee„t, e "eftt' deadline within whieh stieh fetnediation of festef"on must be eompleted. Said notiee shall fufffief a&ise that- should theviolatof fail to fetnediate of festefe within the established deadline, the wofk will be done by a pefson tmdeftaking eleaf on of development of!and in violation of this ehaptef, of falsifying ififeffnation :ni-r-tiAn with the fequifements of this ehaptef, t ion, shall be guilty of an offense, . hable by a fine of not less than $1,000 and flet tnefe than $5,000. Stleh pefson shall be deemed guilty of a C.Coffeetive meast> (1) if the violation has not been eefreeted pufstiant to the set fefffi in the notiee of violation, then the Offiee of Code Enfefeement of the Building inspeetof shall fequest the ownef's peftnission fef aeee- ostofe the r efty Code Enfefeetnent of the Building inspeetof may seek a eetift efdef to take any and all tneastifes feasonably neeessafy to abate the violation andlof festefe the pfopefty. The eost of implementing and maintaining stieh tneastifes shall be the sole fesponsibility of the disehafgef. D. lfijtmetive felief it shall be tmiawffii fof any pefsen to violate any fail to eomply with any deteftnifle whethef a violation has oeetiffed. Upon deteftniflation that a violation has oeetifred, the Offiee of would efeate ffifthef violations of eompelling the pefson to peffefra abatement of fetnediation of the violation. etitntilative femedie&-. ✓Vote Record-Resolution RES-2024-333 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Greg Doroski ❑ ❑ ❑ El ❑ Defeated ❑ Tabled Brian O.Mealy ❑ ❑ ❑ ❑ ❑ Withdrawn Anne H.Smith ❑ ❑ ❑ El ❑ Supervisor's Appt Albert J Krupski Jr ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty ❑ ❑ ❑ ❑ ❑ Rescinded — ❑ Town Clerk's Appt Louisa P.Evans ❑ ❑ ❑ ❑ ❑ Supt Hgwys Appt — ❑ No Action ❑ Lost 2024-334 CATEGORY.• Agreements -Non DEPARTMENT: Town Clerk Parking Permit for Southold Indean Museum The Town Board of the Town of Southold grants one parking permit to the Southold Indian Museum for a Mapping Project for the 2024 season. ✓Vote Record-Resolution RES-2024-334 ❑ Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent El Defeated ❑ Tabled Greg Doroski ❑ ❑ ❑ El ❑ Withdrawn Brian O.Mealy ❑ ❑ ❑ El ❑ Supervisor's Appt _- Anne H.Smith ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt — ❑ Rescinded Albert J Krupski Jr ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Jill Doherty _- ❑ ❑ ❑ El ❑ Supt Hgwys Appt LouisaP.Evans ❑ ❑ ❑ ❑ ❑ No Action — ❑ Lost 2024-335 CATEGORY.• Authorize to Bid DEPARTMENT: Town Clerk Advertise for the Demolition of the Sill's Farm Buildings RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to advertise for bids for the demolition and removal of the Sill's Farm Buildings located at 70282 & 70284 Main Road NYS Route 25 in Greenport, New York, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2024-335 ❑ Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Greg Doroski ❑ ❑ ❑ El ❑ Tabled Brian O.Mealy ❑ ❑ ❑ El ❑ Withdrawn ❑ Supervisor's Appt Anne H.Smith ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt Albert J Krupski Jr ❑ ❑ ❑ El ❑ Rescinded Jill Doherty _- ❑ ❑ ❑ El ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Louisa P.Evans ❑ ❑ ❑ ❑ ❑ No Action ❑ Lost 2024-336 CATEGORY.• Refund DEPARTMENT: Town Clerk Partial Refund for 2Nd Disposal Permit RESOLVED the Town Board of the Town of Southold hereby authorizes a refund of$15.00 to Sandy Psarros, 1665 Wildberry Road. Bethlehem PA. 18015 for a second disposal permit purchased for the same household but charged a first permit fee of$30. ✓Vote Record-Resolution RES-2024-336 ❑ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski ❑ ❑ ❑ El ❑ Withdrawn Brian O.Mealy ❑ ❑ ❑ El ❑ Supervisor's Appt _- Anne H.Smith ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt — ❑ Rescinded Albert J Krupski Jr ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Jill Doherty _- ❑ ❑ ❑ El ❑ Supt Hgwys Appt LouisaP.Evans ❑ ❑ ❑ ❑ ❑ No Action — ❑ Lost 2024-337 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT: Engineering Award Harbor View Road Drainage Project to Brian V. Klug Landscaper, Inc. Financial Impact: H.8540.2.100.150 RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of Brian V. Klug Landscaper, Inc. dated April 5, 2024 in the amount of$16,350.00 for the drainage project on Harbor View Road; and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Albert J. Krupski, Jr. to execute an Agreement between the Town of Southold and Brian V. Klug Landscaper, Inc. in the total amount of$16,350.00, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2024-337 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Greg Doroski ❑ ❑ ❑ El ❑ Defeated ❑ Tabled Brian O.Mealy ❑ ❑ ❑ ❑ ❑ Withdrawn Anne H.Smith ❑ ❑ ❑ El ❑ Supervisor's Appt Albert J Krupski Jr ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt Jill Doherty ❑ ❑ ❑ ❑ ❑ Rescinded — ❑ Town Clerk's Appt Louisa P.Evans ❑ ❑ ❑ ❑ ❑ Supt Hgwys Appt — ❑ No Action ❑ Lost 2024-338 CATEGORY.• Contracts, Lease & Agreements DEPARTMENT: Engineering 2024 Fishers Island Excavator Contract Financial Impact: H.8540.2.100.150 RESOLVED that the Town Board of the Town of Southold hereby accepts the proposal of The Toldo Company Inc, dated March 26, 2024, to provide an excavator and operator for drainage projects on Fishers Island at a rate of$2,200.0 per day; and be it further RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Albert J. Krupski, Jr. to execute an Agreement between the Town of Southold and The Toldo Company Inc in the total amount of$4,400.00, subject to the approval of the Town Attorney. ✓Vote Record-Resolution RES-2024-338 ❑ Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated ❑ Tabled Greg Doroski ❑ ❑ ❑ El ❑ Withdrawn Brian O.Mealy ❑ ❑ ❑ El ❑ Supervisor's Appt Anne H.Smith ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt — ❑ Rescinded Albert J Krupski Jr ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Jill Doherty _- ❑ ❑ ❑ El ❑ Supt Hgwys Appt LouisaP.Evans ❑ ❑ ❑ ❑ ❑ No Action — ❑ Lost 2024-339 CATEGORY.• Budget Modification DEPARTMENT: Accounting 2024 Budget Modification-Park&Playground(Downs Farm) Financial Impact: Transfer Park& Playground funds to cover improvements at Downs Farm RESOLVED that the Town Board of the Town of Southold hereby modifies the 2024 Park& Recreation Fund and the Capital Fund budgets as follows: Increase Revenues: CR.5990.00 Appropriated Fund Balance $3,000 Total $3,000 Increase Expenditures: CR.9901.9.000.100 Transfer to Capital Fund $3,000 Total $3,000 Increase Revenues: H.5031.54 Interfund Transfers, Park& Playground $3,000 Total $3,000 Increase Expenditures: H.7110.2.400.100 Downs Farm Construction Improvements $3,000 Total $3,000 ✓Vote Record-Resolution RES-2024-339 ❑ Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent El Defeated ❑ Tabled Greg Doroski -- ❑ ❑ ❑ El ❑ Withdrawn Brian O.Mealy _- ❑ ❑ ❑ El ❑ Supervisor's Appt Anne H.Smith ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt — ❑ Rescinded Albert J Krupski Jr ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Jill Doherty _- ❑ ❑ ❑ El ❑ Supt Hgwys Appt _- LouisaP.Beans ❑ ❑ ❑ ❑ ❑ No Action — ❑ Lost 2024-340 CATEGORY.• Refund DEPARTMENT: Town Clerk Return of Clean Up Deposit-NF Cheer Booster Club WHEREAS the North Fork Cheer Booster Club has supplied the Town of Southold with a Clean-up deposit fee in the amount of$250.00 for their Polar Plunge event held on April 6, 2024 and WHEREAS the Southold Town Police Chief, Martin Flatley, has informed the Town Clerk's office that this fee may be refunded, now therefor be it RESOLVED that Town Board of the Town of Southold hereby authorizes a refund be issued in the amount of $250.00 to the North Fork Cheer Booster Club, c/o Denise Taormina, PO Box 44, Laurel, NY 11948. ✓Vote Record-Resolution RES-2024-340 ❑ Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended -- ❑ Defeated Greg Doroski ❑ ❑ ❑ ❑ ❑ Tabled Brian O.Mealy ❑ ❑ ❑ ❑ ❑ Withdrawn „— Anne H.Smith ❑ ❑ ❑ ❑ ❑ Supervisor's Appt — ❑ Tax Receiver's Appt Albert J Krupski Jr ❑ ❑ ❑ ❑ ❑ Rescinded Jill Doherty _- ❑ ❑ ❑ El ❑ Town Clerk's Appt _- LouisaP.Beans ❑ ❑ ❑ ❑ ❑ Supt Hgwys Appt — ❑ No Action ❑ Lost 2024-341 CATEGORY.• Budget Modification DEPARTMENT: Accounting 2023 Budget Modification -Accounting Financial bnpact: Transfer funds to cover 2023 shortfalls. RESOLVED that the Town Board of the Town of Southold hereby modifies the 2023 General Fund Whole Town as follows: From: A.1010.1.100.200 Town Board, Overtime Earnings $81.00 A.1110.1.100.100 Justice, Regular Earnings $442.00 A.1110.4.100.100 Office Supplies $459.00 A.1220.4.600.200 Supervisor, Mtgs & Seminars $1,293.00 A.1330.1.300.200 Overtime Earnings $29.00 A.1355.1.100.100 Assessors Regular Earnings $326.00 A.1410.1.100.400 Town Clerk Sick Earnings $2,500.00 A.1420.1.100.100 Town Attny, Regular Earnings $32,031.00 A.1440.4.500.400 Engineer, Engineering Services $3,338.00 A.1460.2.200.400 Records, Office Furniture $1,331.00 A.1460.4.400.500 Offsite Storage $40.00 A.1460.4.400.600 Equipment Maint& Repairs $171.00 A.1490.1.100.200 DPW, Overtime Earnings $9,024.00 A.1490.1.100.301 Vacation, Scat Pay $9,000.00 A.1490.1.100.401 Sick-Scat Pay $11,261.00 A.1620.1.100.200 Building & Grounds Overtime $48,394.00 A.1680.1.100.400 Central Process, Sick Earnings $981.00 A.1680.4.400.250 Network & Systems Consult $918.00 A.1680.4.400.410 Scanner Maintenance $1,583.00 A.1989.1.100.200 Land Mgmnt Overtime Earnings $5,000.00 A.1420.4.500.100 Town Attorney-Legal Counsel $13,970.00 A.3120.1.100.200 Police, Overtime Earnings $18,467.00 A.3120.4.600.200 Police Officer Training $4,960.00 A.3130.1.100.100 Bay Constable Regular Earnings $6,072.00 A.3130.4.100.200 Gasoline & Oil $9,205.00 A.5010.1.100.200 Sup of Highways, Overtime $6,753.00 A.6772.1.100.200 HRC, Overtime $2,592.00 A.6772.1.100.301 HRC, Vacation SCAT $3,245.00 A.7020.1.100.200 Recreation Overtime Earnings $597.00 A.7020.1.200.100 Part Time Regular Earnings $530.00 A.7020.4.100.100 Office Supplies $235.00 A.8090.1.100.200 Trustees, Overtime Earnings $22.00 A.8660.4.600.800 Comm Dev., Advertising $531.00 A.9040.8.000.100 207C Benefits $11,164.00 A.9055.8.000.100 CSEA Benefit Funds $25,000.00 A.9060.8.000.000 Medical Insurance $84,540.00 A.9730.6.000.000 B.A.N. Principal $33,664.00 A.1410.4.200.100 Utilities Telephone $37.00 A.1620.4.100.500 Motor Vehicle Supplies $1,121.00 A.1680.4.200.100 Data, Voice, Internet Svc $82.00 A.3120.4.100.750 K9 Food/Vet/Supplies $348.00 A.7180.4.100.200 Beach Supplies/Materials $278.00 Total $351,615.00 To: A.1010.1.100.100 Town Board, Regular Earnings $81.00 A.1110.1.100.200 Justices, Overtime Earnings $249.00 A.1110.1.100.601 COVID Pers Earnings $193.00 A.1110.4.200.100 Telephone-FI Court $459.00 A.1220.1.100.100 Supervisor, Regular Earnings $336.00 A.1220.1.100.400 Sick Earnings $868.00 A.1220.1.100.601 COVID Pers Earnings $89.00 A.1310.1.100.100 Accounting, Regular Employees $716.00 A.1310.1.100.200 Overtime Earnings $7,353.00 A.1310.1.100.300 Vacation Earnings $2,910.00 A.1310.1.100.400 Sick Earnings $2,229.00 A.1310.1.100.601 COVID Pers Earnings $267.00 A.1310.4.500.100 Bond Counsel/Bond Fees $34,877.00 A.1330.1.300.601 Tax Coll.,COVID Pers Earnings $29.00 A.1355.1.100.601 Assessors, COVID Pers Earnings $215.00 A.1355.1.300.100 Seasonal Regular Earnings $111.00 A.1410.1.100.100 Town Clerk, Regular Earnings $8,548.00 A.1410.1.100.200 Overtime Earnings $8,945.00 A.1410.1.100.601 COVID Pers Earnings $32.00 A.1420.1.100.300 Town Attny, Vacation Earnings $6,306.00 A.1420.1.100.400 Sick Earnings $25,505.00 A.1420.1.100.601 COVID Pers Earnings $220.00 A.1440.1.100.100 Engineer, Regular Earnings $3,338.00 A.1460.1.100.100 Records, Regular Earnings $1,419.00 A.1460.1.100.200 Overtime Earnings $41.00 A.1460.1.100.601 COVID Pers Earnings $82.00 A.1490.1.100.100 Public Works, Regular Earnings $18,777.00 A.1490.1.100.300 Vacation Earnings $6,904.00 A.1490.1.100.400 Sick Earnings $3,563.00 A.1490.1.100.601 COVID Pers Earnings $41.00 A.1620.1.100.100 DPW Regular Earnings $47,618.00 A.1620.1.100.601 COVID Pers Earnings $286.00 A.1620.1.200.100 Part Time, Regular Earnings $490.00 A.1680.1.100.100 Central Data, Regular Earnings $1,641.00 A.1680.1.100.601 COVID Pers Earnings $258.00 A.1680.4.400.360 Copy Machines - Lease $1,583.00 A.1989.1.100.100 Land Mngmnt Regular Earnings $6,904.00 A.1990.4.100.100 Unallocated Contingencies $13,970.00 A.3120.1.100.201 Police, Overtime Detectives $5,029.00 A.3120.1.100.400 Sick Earnings $13,388.00 A.3120.1.100.601 COVID Pers Earnings $50.00 A.3120.4.600.300 Travel Reimbursement $4,960.00 A.3130.1.100.200 Bay Const. Overtime Earnings $7,612.00 A.3130.1.100.300 Vacation Earnings $7,601.00 A.3130.1.100.500 Holiday Earnings $64.00 A.5010.1.100.100 Highway Sup., Regular Earnings $6,753.00 A.5650.4.400.700 Property Leases $91.00 A.6772.1.100.201 HRC, Overtime Earnings SCAT $1,187.00 A.6772.1.100.300 Vacation Earnings $2,060.00 A.6772.1.100.401 Sick Earnings SCAT $2,143.00 A.6772.1.100.601 COVID Pers Earnings $447.00 A.7020.1.100.100 Recreation Regular Earnings $1,338.00 A.7020.1.100.601 COVID Pers Earnings $24.00 A.7510.1.200.100 Historian, Regular Earnings $72.00 A.7520.1.200.100 Historic Pres. Regular Earnings $47.00 A.8090.1.100.100 Trustees, Regular Earnings $22.00 A.8660.4.100.100 Comm Dev., Office Supplies $20.00 A.8660.4.600.400 Housing Advisory Committee $511.00 A.9040.8.000.000 Workers Comp Benefits $11,794.00 A.9050.8.000.000 Unemployment Benefits $21,062.00 A.9089.8.000.100 Medical Plan Buyout $22,357.00 A.9730.7.000.000 B.A.N. Interest $33,664.00 A.1410.4.100.100 Office Supplies/Stationary $37.00 A.1620.4.100.300 Janitorial Supplies $14.00 A.1620.4.200.100 Telephone $605.00 A.1620.4.600.250 Meetings & Seminars $59.00 A.1680.4.200.200 Cellular Service $37.00 A.1680.4.400.450 Telephone System Maint $45.00 A.3120.4.100.700 Prisoner Food $5.00 A.3120.4.600.125 Misc. Contracted Services $343.00 A.3310.4.400.600 Signal Maintenance/Repair $443.00 A.7180.4.200.100 Telephone $278.00 Total $351,615.00 ✓Vote Record-Resolution RES-2024-341 ❑ Adopted ❑ Adopted as Amended Yes/Aye No/Nay Abstain Absent ❑ Defeated Greg Doroski ❑ ❑ ❑ El ❑ Tabled Brian O.Mealy ❑ ❑ ❑ El ❑ Withdrawn ❑ Supervisor's Appt Anne H.Smith ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt Albert J Krupski Jr ❑ ❑ ❑ El ❑ Rescinded Jill Doherty _- ❑ ❑ ❑ El ❑ Town Clerk's Appt ❑ Supt Hgwys Appt Louisa P.Evans ❑ ❑ ❑ ❑ ❑ No Action ❑ Lost 2024-342 CATEGORY.• Special Events DEPARTMENT: Town Clerk Special Event 2024-13 Breezy Hill Farms RESOLVED that the Town Board of the Town of Southold hereby grants permission to Breeze Hill Farms, to hold Special Event 2024-13 at Breeze Hill Farms, 31215 County Road 48, Peconic, New York as applied for in Application BHF 1 a-d for events on 4/20/24 12 pm to 4 pm, 6/1&2/24 10 am to 4 pm and 5/25/24 6pm to 11 pm. This event is approved with the following conditions: 1. All parking of vehicles for this event must be as shown on the plan submitted with the special event application. 2. No parking for this event is permitted on County Road 48 3. No parking for this event is permitted on land where development rights have been sold to the Town Provided they adhere to ALL conditions on the application, permit and to the Town of Southold Policy for Special Events. This permit is subject to revocation if the applicant fails to comply with any of the conditions of the approval or is unable to properly control traffic flow into and out of the event ✓Vote Record-Resolution RES-2024-342 ❑ Adopted ❑ Adopted as Amended ❑ Defeated Yes/Aye No/Nay Abstain Absent ❑ Tabled Greg Doroski ❑ ❑ ❑ El ❑ Withdrawn Brian O.Mealy ❑ ❑ ❑ El ❑ Supervisor's Appt _- Anne H.Smith ❑ ❑ ❑ ❑ ❑ Tax Receiver's Appt — ❑ Rescinded Albert J Krupski Jr ❑ ❑ ❑ ❑ ❑ Town Clerk's Appt Jill Doherty _- ❑ ❑ ❑ El ❑ Supt Hgwys Appt LouisaP.Evans ❑ ❑ ❑ ❑ ❑ No Action — ❑ Lost VI. Public Hearings